LAW REPORTS.

Dominion, Volume 6, Issue 1696, 12 March 1913, Page 4

LAW REPORTS.

MAGISTRATE'S COURT. (Before Mr. W. G. Riddell, S.M.) CRUELTY TO CATTLE. STOCK AGENT AND BUYER FINED. Reserved judgment was delivered by Mr." W. G. Riddell, S.M., in the prosecutions instituted by the Wellington Society for the Prevention of Cruelty to Animals, against Alexander James Cooper, stock agent, and Thomas Vivian Caverhill, cattle buyer, of Carterton. The defendant Cooper was charged in November last with having,' on- October 30, at Masterton, caused to bo conveyed from Masterton to Ngahauranga seventeen head of cattle in such a manner as to subject them to unnecessary pain and suftermg. ' The defendant Caverhill was charged with having, on October 30, 1912, at Misterton, ill-treated seventeen head of cattle by causing them. to be conveyed from Masterton to Ngahauranga in such a manner as to subject them to unnecessary pain and suffering. Mr. liiddell, reviewing the evidence, said that it appeared that tho defendant Caverhill had baught a line of 21 "canners" at Masterton about.noon on-Octo-ber 29, and engaged Cooper to take them to the railway station and truck them next day to Ngahauranga. Cooper said that they were driven a mile to the station. placed in a yard, and entrained early next morning.'. They had no food from the time they' left tho saleyards until their arrival at N'gahauraiiga, but • were watered. The cattle were packed tightly in two trucks, and this was said to be the usual and safest way to truck sfcre cattle. The journey from Masterton to Ngahauranga occupied about six hours, and the evidence showed that tho majority of the cattle were in a very weak condition after their arrival. They were seen on October 3 by 111'. Taylor and Inspector Seed, and on November Iby Messrs. Quiunell, Ebbett, and Wuddy. The defendants -know that the cattle were old and in poor condition, before tl ey were placed oil the trucks.

The defendant' Caverhill said Hint they were an average line of canncrs, some of them emaciated, and ouo or two rough; He did not think they would suffer in the trucks. The defendant Cooper had said they were a line of old cows for canning; three or four were in very. low condition, and some ot' them showed signs of weakness. All (he witnesses for the prosecution stated that the cattle were, in an extremely poor condition, and throe expert witnesses stated that they would be in the same condition three days before. The witnesses inspected the cattle on October 31 and November 1, after the train journey. Mr. Taylor, Government Veterinarian, said they were very emaciated, the hones being very prominent. Their condition was duo to shortage of food and old age. They were not fit to travel; travelling would cause suffering. Mr. (Jniiinell, veterinary surgeon, said that they were old cuttle, in a deplorable condition. Mr. Ebbett, another veterinary surgeon, said that the cattto were in a very weak and low condition. They wero not fit to bo handled. Mr. Heed said they were in a shocking conditionsome were only skin and bone. Jfr. Waddy said that they were very emaciated, and could not bo trucked without suffering. "Persons who deal with, or arc in charge of,\ animals are expected to exercise some discretion in their treatment," said his Worship. "In this case I think that defendants knew of the weak condition of the cattle, and that a six-hours' train journey ; would cause them unnecessary suffering."

His Worship convicted both defendants, and fined Cooper 205., with Court costs l"s., and ordered liim to pay half witnesses' expenses, Jil lis. 6d., and solicitor's fees .El Is., Defendant Cavcrhill was fined 405., with Court costs 175., witnesses' expenses £\ lis. Gd., and solicitor's feo Jl Is.; in default'seven days' imprisonment. Security for appeal was fixed at i! 8 Bs. JUDGMENT BY DEFAULT. •' . (Before Dr. A. W. M'Arthur, S.M.) Judgment by default for'plaintiffs was given in the following undefended cases:— G. Hardt and Co. v. Archibald M'Pherson, ,£2O os. 3d., costs £2 Us.; Colonial Carrying Co., of New Zealand, Ltd., v. Emanuel Chamberlain, £3 35., costs lis.; W. Cook and Sons v. Daniel Fly nil, ,£l6 '19s. 3d., costs 10s. fid.; Denhard'Brcad Co., Ltd., v. Kat'o I'earce, J!1 13s. id., costs 55.; Charles R. I'arata v. W. Hemi Paikea, JIG Bs., costs £2 Is. 6dl; Phoenix Aerated Water Co., Ltd., v.' Nellie St. Ledger, ,£53 15s. Dd., costs £"S 16s. Gd.; Wellington City Council v. Wni. Aubrey, £'i 2s. 10d., costs, 55.; ICirkcaldio aiid Stains, Ltd.,' v. A. W. Reynolds, .CI Ids., costs 55.; Laery and C 0.,. Ltd., v. George E. Purcell, .ill!) 4s. fid., costs 155.; Hermann Heiinann v. T. Green, X 2 10s„ costs 10s.; Geo. Winder v. J. E. I'frost, costs 75.; Public Trustee y. John Harvey, i' 3, costs 10s.; Mary Neverman v. Patrick Cotter, .SIG 10s., costs £1 10s. Gd.; Wellington College and Girls' High School Governors v. 11. Si Dibley, ill, costs Bs.; same v. D. Campbell, X 8 165., costs XI 4<. Gd.; Veitcli and Allan v. Thos E. Parr, Ji3 Is. Id., costs 10s.; Laery and Col v. Ah Len, J;7 Is. Gd., costs Bs.; Fred. Henry Irwin v. Charles E. Storie, Jl'2 t costs lis.; Ernest Win. B. Hornabrook v. Charles E. Storie, £2, costs lis.

' . AREEAES OF DUES. The Wellington Amalgamated Socitty of Painters' and Decorators' Union sneil Orlando Pointon, painter, of Petone, for £1 Us., being fifty-two weeks' arrears of dues claimed to be owing. Mr. D. M. i'indlay appeared for the union, and Mr. Cracroft Wilson for the defendant. " Defendant said ho had resigned by arrangement with the secretary of tho union. His Worship held that the resignation was not in accordance with the 'ules of the union because it was not given Mil writiug. ' Judgment was given for the plaintiff union for the amount claimed.