CRUELTY TO PIGS.

Otaki Mail, 23 April 1923, Page 4

CRUELTY TO PIGS.

A BUYER FINED. At Levin Magistrate's Court on Friday before Messrs 11. J. Richards and F. G. Hoe, J.'sP., G. Annabel] was charged that between the 12th and loth February, 1923, he did fail to provide 20 pigs conveyed in a railway truck with proper and sufficient food and water. Captain J. Henry, Inspector for the s.P.C.A., prosecuted, and Mr K. E. Adams appeared for the defence. Defendant pleaded not guilty. SIXTY-THREE HOURS WITHOUT WATER.

Inspector Henry stated tihat the case was brought under the Police OffenceAct which states that no animal shall be left without food and water for such length of time as shall ca,usc suffering. The facts of the case were that defendant, who was a buyer for the Wanganui Bacon Factory at. Castlecliff, had trucked 25 pigs at i p.m. on 12th February at Manakau. The truck was consigned to Levin, arriving there at 1.53 a.m. on the 13th. Ten pigs were loaded at Levin and the truck consigned to Koputaroa, reaching that place at 2.38 a.m. on the 14« h. A further lot of pigs were loaded there and the truck left for Castleclif! at 9.10 a.m.. arriving at 7.15 a.m. on the 15th. During the whole of this time —63 hours —the pigs had received neither food nor water. Michael Burke, railway porter stationed at Manakau, deposed that lie saw the pigs loaded at Manakau for Casflecliff Inspector: Was there any food in the truck? Witness: I did not see any.

Mr Adams: Were the pigs all right when they were loaded? There was nothing %vrong with the way they were stowed in the truck.

Witness: No. they were quite ail right when loaded. The next witness called was H. J Conder, railway porter at Levin, who deposed that the pigs arrived between 1 and 2 a.m., on the morning of the 13th inst. He made it his special business to examine the pigs on arrival. and saw no sign of food in the truck. He went off duty at 3 a.m., but made it his business to examine the truckagain at 10 a.m., and later at 6 p.m., and on no occasion was there any sign of food or water having been given. The truck had left on the morning of the 14th, and he thought it was his duty from humanitarian reasons to write to the S.P.C.A. concerning the matter.

- Inspector: You say you are sure that no food was given during the whole of this time Witness: From the construction of the truck, a certain amount of any food given must work through the battens of the floor. There was no sign whatever of food about the truck. Mr Adams: Are you prepared to swear that these pigs were not taken out between the times you visited the j truck and put in the yard { Witness: They were not taken out to £ my knowledge. e HAPPY PIGS. I You had quite a good many looks 1 at these pigs. Did they look as if they •-' were suffering?—No, they looked happy' enough. They were mostly lying! down. 1 Was there any personal animosity T between you and Mr Annabel —None whatever. I Had there not been words between i! you and Mr Annabel, recently ?—There had been some slight trouble owing to Annabel trying to evade the railway regulations. The Bench: This has nothing to do J with the case. f The Inspector: Was -here any diffi-I culty in getting food for pigs ir. j i Le-vin. J ' Witness: No. i John Charles- Johnston, table: porttr,' •Ic-putaroa, gave e-idence as to the

truck arriving- at Koputaroa on the morning of the 14th and after being loaded with a further number of pigs by defendant, being sent, on to Casileeliff by the 9.10 train. No food nor water was given at Koputaroa. Mr Adams: Are there facilities for watering pigs at Koputaroa?

Witness: Yes. Other people water with buckets which are there.

Were the pigs all"right?—They were lying down, but they appeared to be all right. H. J. Conder, recalled, stated irk answer to a question from the Inspector that there was nothing in the regulions or tim'ettable to prevent pigs consigned from Levin going straight to Castlecliff.

Captain Heniy, sworn, deposed that he was an inspector of the S.P.C.A., and acting on a complaint from Levin had investigated the charge and found that the pigs were loaded at Manakau at •'» p.m. on" February 12 and did not reach Sastlecliff until 7.15 a.m. on February 15, during Which time they had not been fed nor water-

ed. Cross-examined: Witness did not hear that any of the pigs died. There was a rumour to that effect, but they did not get. any proof. There was ! no complaint against the condition ot . the pigs on the arrival by the inspec- ( tor. The complaint was from the j Railway Department. i For -trie defence, George Annabel! deposed that he was in the employ of j the Wanganui Bacon Co. The pigs appeared to have been just fed when Ihe received them. They really ap- j peared to have had more than was j good for them, as in warm Weather he had had pigs in this condition die shortly after reaching the yard. He claimed that pigs travelled better without food. The pigs were watered in Levin as witness turned them into the yard during the day. He had not watered the pigs at. Koputaroa as the only thing available there was a bucket which was unsuitable. According to the railway timetable the truck should have reached Castlecliff on the afternoon of the 14th. It would not have been good business to have sent the pigs straight through as they were received as it would have necessitated three trucks instead of one. He had had several years experience buying 1 pigs and found that they always travelled better without food. '\ To inspector He'ipy: The pigs were f watercd in Levjin. about it o'clock. iMe could not remember who was then' when the pigs were let out into the I yard. They were put back in the

eveningInspector Henry: You heard my witness who stated that he saw the pigs in the truck during the day? Witness: Oh, be is talking rot. If he looked after the railway's business it would be a better thing. Do you think it was a right thing to leave these pigs without food:Why did you not provide food P—l had no authority to, buy food. To the Bench: The pigs were in the yard six or seven hours. John Morgan deposed that he was in charge of" the pig department at the Central Development Farm. He always gave Annabell'a hand to load pigs after his work on the Farm was done. Uc had had 20 years' experience with pigs. He could not remember this special consignment, and did not know if they had been watered. His intructions when delivering pigs for Annabell were to put them in the yard where they could obtain water. He could not say if 'his particular lot. had been watered.

Inspector Henry: How high is the water trough in the yard, off the

ground? Witness: It is some distance up. bnl there is a certain amount of overflow where pigs could get a drink. Inspector Henry: I have seen the trough and know that there is no overflow at which pigs could- drink. Any overflow runs away as soon as it falls. You cannot swear that 11 •■ pigs were out that night? Witness: No. I only Helped to load them.

Mr Adams, contended the prosecution had failed to prove that the pigs bt'd been ill-treated, quoting a case to show that it was necessary to prove intent before cruelty could be established. There was no proof of a euilly mind, witnesses having proved « f .a' pigs travelled better without too rn'irh food.

Inspector Henry submitted that this case was not on a par with the -aHs quoted. Defendant knew consigning pigs to Castlecllfl that they would take a longtime to re*r'i th're He was quite aware that tfz were b-Mter for not being fed for some lime before being slaughtered, lut in uncase it was quite a different matt.'! It would not have been dtftcu:t to have obtained mangels or some sw.'h thing which would have lfevi the pigs going. The Coutt decided that .he def.naant was at fault. The time was tco long to allow animals to travel with out food, but as there was no Intention to ill-treat a nominal fine v. -,u,d be inflicted, namely £1 and C£Sts £2