FIENDISH ACT

NZ Truth, Issue 1216, 21 March 1929, Page 7

FIENDISH ACT

Dog Battered To Death With Rifle Butt FARMER'S APPEAL (From "N.Z. Truth's" Te Kuiti Representative)^ A dog's life is not generally regarded as an existence to be envied, but to die the death of a dog, as did the animal: which belonged to Mr. and Mrs. Leonwebber of Puketutu, near Te Kuiti, by having* its brains battered out with the butt of a rifle, was an end which the average person with any humane instincts whatever, would not wish for the scurviest mongrel. -

NOT content with shooting the poor animal through one ear arid a- leg, a yOung farmer 'of Puketutu, named Briice Johnstone, then hunted the wounded dog with two of- his own dogs, still firing shots as he went. Bailing the stricken and frightened wretch against ; a fence, ho then set about to batter out its brains with the butt' of his rifle. As, whining pitifully, it. collapsed with its head, oni the l ground, he again swung his rifle by the butt and bashed it into the mouth of the poor beast, smashing its jaw- and scattering its teeth. , . y This was not the full extent of the cruelty, however. Perhaps the most callous feature of the whole act was that he brutally murdered this dog In the presence of and despite the protests of the owners, Mr. and Mrs. Leonwebber, who were neighbors ef his and against whom he bore a grudge. , His final' blow at the dog was so fl «%*rt a tV» o f Wa ■

Mr. and Mrs. Leonwebber stated that their' farm adjoined that of the . Johnstone's. They had been .warned that if their dog went onto Johnp ''.:■"■ stone's property it wouldr be destroyed. . They had had it on the chain for , three days, but on the day m question they let it cffi It had been gone -only about a quarter of an' Hour when they .-,...': heard shots, and, running out, they ■'-■'.' saw . the two /Johnstone Yboys chasing the dog.. •"' Y-y '"■'■'.•■■''... . The aniriial ywas wounded, and ;,w as ■';•■;■ getting along ori three legs. The Johnstones were "soolirig" a couple of their own dogs ori to theypobr wretch, .;■'.- which they chased on toia neighbor's • property. - -V . ii- Y..-y ■ Finally they bailed it up agaihsiya *; fence and dispatched the', aniriial irf the J manner related.-. ''.>, : y :> ; %».■■■*'■? YY YY; Y' ' ' "Bruce Jehns'torie ; said;t^i^ previous year -40 valuaDle lambs had- ibeen lost by ■ dogs getting anidngst : ;. them. V '•-■..' ''*"YY- "-■•■*"''" V Y. V y. In giving reserved judgment on ;thej.iappeal, Mr. Justicej Blair said tl^e y was undoubtedly -bad bloqdY between y'j ■"••'.■ the„ parties,: and -the -';.

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DAI v 11 a. \* ■ fcr V. v ** . | watching the disy patch of -y the,, dog with a "devilish grin/V'theni'' advanced and blew a hole through its 'head with a -shot-gun. For this act of gross Yruelty, Bruce Johnstone was brought before .-.-th,e court at Te Kuiti when , the only punishment inflicted was a fine of £6: As his father is a farmer m a big way, a, well-known racehorse; owner and is. generally considered "a wealthy man,; a fine m such a case ; of gross cruelty simply ariiounted to a farce. A conviction stood against his name, however, of having tortured the dog. Against this conviction he appealed at the Hamilton -Supreme Court . last week, when Mr. R: A. Singer, of Auck-: land, endeavored to minimise young Johnstone's act by stating that,. having wounded the animal, which was straying among his father's valuable, pedigree sheep and cattle, he thought the most humane thing. to do was then to kill; it. -.."•• •..-',-. -..y f » Mr. Justice $Blair did not think so, however-r-not to kill it at any rate m the way he did, by clubbing it to death. Mr. Singer pointed out; that;.'"- it was a serious thing for a young man fo have to. carry throughout his life the brand of a conviction of having tortured an animal.

— ■ ..-'■■ V 'destroy .a dog that y was running :> - amongst his stock,, <;hls. dog apparently had' been 1 sentenced, to . death before it entered .Johnstone's -, property..-.. '..-.',. '.':... YY-YY- H.i - Even assuming vthisydog: <h*d ;.-heen . > running -ahiongst the Joriristorie's stock, that was no justification for y hunting it c-n to • another man's pro-: 1 perty- and then clubbing it to death; ;'; Appellant had no right Yo murder; the animal, m this way. Apparently.,} appellant's rage was such that he could not "wait for his brother to come up with a giiri, biitbattered it to death* : with the butt of his rifle, after having; wounded it with shot. ; ; , -„ '- - 1 : His Honor , said the magistrate ' had ; •-. found appellant . guilty of torture.; His Honor had k>me doubt, however, as.', to whether the termi torture altogether fitted the ..case, yas appellant's object „' was not so much to torture, tlie dog : as ?; the owner. y ' : '■"':'■ '•■'{■■'■;■•' . .■-.'.-' ":-."'.' There was not the slightest doubt In :-. his Honor's mind, however, that ap-. :; pellant was guilty of another offence V m exactly the same section of the Act under which the prosecution was > brought— that of cruelly, ill-treating : the dog. '.'• V "•■■•'. i' The judge allowed the . conviction , to y stand with' the substitution of the words "cruelly, ill-treating for "tor- : turlng." \"" : ':;'■' He dismissed-. -'the-, appeal, allowing the respondent, William John Leon - ' webber, £7/7/- costs. - •