SHOCKING CRUELTY

Dominion, Volume 13, Issue 141, 10 March 1920, Page 5

SHOCKING CRUELTY

DRIVER'S TREATMENT OF INJURED HORSE IMPRISONMENT THE PENALTY Shocking disclosures wore made in a caso heard by Mr. E. Pago, S.M., at tho Magistrate's Court yesterday, when William Kennedy, a driver, appeared to answer a charge of grossly ill-treating and torturing a horso. The action was brought by the Society for tho Prevention of Cruelty to Animals, and in introducing the case, counsel for the Eooioty (Mr. N. A. J. Barker) said: "This case iB a particularly bad one, probably the worst yet brought before tho Court, The facts are so bad that I havo been instructed by the society to press for. a term .of imprisonment." Continuing, counsel said that tho horse was one of the unfortunate animals that had received burns in tho recent stable fire at the rear of the city milk depot. It had suffered severe injuries, and after beiiljr treated for two days, was being taken to Kilbirnio io be destroyed. One of tho. animal's ears had been burnt off, an eyo burnt out, and its 6houlder rendered practically raw.

Dragged Along the Road,

Motorman John Dineen said that while driving a Lyall Bay tram up Adelaide Koad no saw defendant driving a dray to which tho horse in question was tied by a heavy piece of rope. Later on, ho examined the horso in Crawford Eoad as ho was returning from Lyall Bay, Defendant was driving the dray along, and the horse was being draped behind. Witness stopped his car and asked defendant if tiho horso was dead, and defendant replied: ''No, it has only choked down." Kennedy got down and jerked violently at the ropo until witness ant! his coAducter both insisted that tho roye should be undone. Kennedy jerked the rope again, and then kicked tho poor animal on tho shoulder till it struggled to its feet. Witness then examined the horse, and found that its side and shoulder had beon torn and rubbed baro by being dragged over the metalled road. It had been dragged in witness's sight for 264 feet. The rope shrftnd never have been placed round the animal's neck, as the neck was burnt. Witness ■told defendant that lunlesa defendant took the rope off and put the horso in a near-by seotion, whert- it could be destroyed, he would do his best to get defendant six months' imprisonment.

Cross-examined by Mr. T. Neavc, who appeared for defendant, witness said: "I presumo that Kennedy knew the horse was down, frrm the remark he made when I fitopped him. I consider that tho horse should have been removed in a cattle-box if it was to bo removed at all." To the Magistrate: Witness believed that the horse- was led away by hand after the (ram bad driven on, but in his opinion it should not havo been moved at all. Alber 1 Wells (an eye-witness), and Conductor R. Carpenter, gave corroborative evidence. Wells considered that those who permitted the animal to be moved from the stable were a good deal to blame. It. should either have been destroyed in the stalde or wmoved in a cattle-box. : He did not consider that Kennedy was altogether sober. Conductor Carpenter said that defendant was most about the affair, even after ,ho had been yroken to. :Case for the Defence. . Counsel for defondant said that his client was employed by P. Lamb-erg, a contracting carrier of Lyall Bay. Kennedy had been instructed to call for the horse, and remove i(| to Kilbirnie. Ho was' assured that the animal was fit to travel, and it had followed the dray till it got on to the kor'j on Constable Street hill, when it foil. The horse in the shafts was travelling freely, and Kennedy was unable to pull up at once. Tho . allegation. that Kennedy was undor tbe influence of liquor would be denied. Frederick Lamberg said that he satisfied himself that the horse was fit to travel he instructed Kennedy to ; take it. The horso would not have been destroyed had it not been for the fact that it was old. He came upon the scene on Crawford I?oad, and took charge of the dray while Kennedy led the animal off. ■■

In ; reply to Mr. Parker, witness said that ho hid examined the horse's injuriea rery'closely. ••- Defendant denied that ho had had any cruel intentions; Ho stopped his dray as soon as ho could after the injured horse had fallen. Tha animal- could wnlk nil right, and had it not '/alien it would «ot liave suffered pain. Cross-examined, defendant denied that he' u»ed any violence. He had -done everything necessary to pull up when the horse fell. The rope was placed'-lightly, and not in a-running nooso. Toiind the animal's neck. Walter Sergeant, another driver, expressed the opinion that the horse was ouite fit to travel, because when he saw it it was leading well. Ho had net examined its injuries. Magistrate's Remarks. In tho opinion of His Worship the charge had-, been fully'established. The leading ,of the horse by means of a heavy rope-was in itself a cruel action, and tho proper conrso would have been to destroy the animal at tho stables, and to havo removed the body. He could not accept. defendant's statement that ho had done everything possible to stop his own horse when the injured animal fell on Crawford Pond. It was a very bad case; so bad that a fine would not meet it, and he proposed to commit the man to prison for three months.