CRUELTY TO PIGS.

Shannon News, 24 April 1923, Page 2

CRUELTY TO PIGS.

A BUYER FINED. At Levin Magistrate’s Court on Friday before Messrs H. J. Richards and F. G. Roe, LAP., G. Annabell was charged that between the 12th and 15th February, 1923, be 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 states] that the ease was brought under the Police Off< nces Act which states that no animal shall he left without food and water for such length of time as shall cause suffering. The facts of the case were that defendant, who was a buyer for the Wanganui Bacon Factory at Castlecliff, had trucked 25 purs nt. 4 p.rn. on 12th. February at Maiiaka". The truck was consigned to Levin, arriving there at 1.53 a.m. oil the 13th. Ten pigs were loaded at. Levin and the truck consigned to Koputaroa, reaching that place at 2.38 a.m. on the I4tth. A further lot of pigs were loaded there and the truck left for Cnsflecliff 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 he saw the pigs loaded at Manakau for Casllecliff

Inspector: Was there any food in the truck?

Witness: I did not see any.* Mr Adams: Were the pigs all right when tliey were loaded? There was nothing wrong with the way they were stowed in the truck.

Witness:, No, they were ' rpiite all right when loaded.

The next witness called was H. J. C’.onder, 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 truck again 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 14tn, 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 truck and put in the yard Witness: They were not taken out to my knowledge.

HAPPY PIGS. You had quite a good many looks at these pigs. Did they look as if they were suffering?—No, they looked happy enough. They were mostly lying down. Was there any personal animosity between you and Mr Annabel —None whatever. Had there not been words between von and Mr Annabel, recently ?—There bad been some slight trouble owing to Annabel trying to evade the railway regulations. The Bench: This has nothing to do with the ease. The Inspector: Was there any difficulty in getting food for pigs in Levin. Witness: No. John Charles Johnston, tablet porter, Koputaroa, gave evidence 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 Castlecliff hv the 9.10 train. No food nor water was given at Koputaroa. Mr Adams: Are there facilities for watering pigs at Koputaroa?

| Witness: Yes. Ollier people water with buckets which are there. Were the pip's all right?—Tlhey were lying down, lint they appeared to he all right. 11. J. Conder, recalled, stated in answer to a question from the Inspector that there was nothing in the regutions or tiniel-table to prevent pigs consigned from Levin going straightto Castlecliff. Captain Henry, 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 4 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 watered. Cross-examined: Witness did not hear that any of the pigs died. There was a rumour to that effect, but they did not get ally proof. There was no complaint against the condition of the pigs on the arrival by the inspec-

tor. The complaint was from the Railway Department. For the defence, George Annabell deposed that he was in the employ of the Wanganui Bacon -Co. The pigs appeared to have been just fed when he received them. They really appeared to have had more than was 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 buc-

ket which was unsuitable. According to the railway timetable the truck should have reached Castlecliff on the afternoon of tlhe 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 pigs and found that they always travelled better without food.

To Inspector Henry: Tlhe pigs were watered in Levin about 11 o’clock. He could not remember who was there when the pigs were let out into the yard. They were put back in the evening. Inspector Henry: You heard my witness who-staled that he saw the pigs in the truck during the day? Witness: Ob, (he 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?—I had no authority to\ buy food. To the Bench: The pigs were in the yard six or seven hours.

.Tolm 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. He had had 20 years’ experience with pigs. He; could not remember this special consignment and did not know if they bad r been watered. His inductions when'delivering pigs for Annabell were to pfet them; in the yard where they could obtain water. He could not say if,this particular lot bad been >i ' t " .** Inspector Henry: How high is the water trough in the yard, off‘ the

ground? Witness: It. is some distance up; but. 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 the pigs were out that night? Witness: No, I only helped to load thiem.

Mr Adams contended the prosecution had failed to prove that the pigs had been ill-treated, quoting a case to show that it was necessary to prove intent before cruelty could he established. There was no proof of a. guilty mind, witnesses having proved that pigs travelled better without too much food.

Inspector Henry submitted that this case was not on a par with ihe ’:rfs . quoted. Defendant knew when consigning pigs to Castlecliff that they would take a long time to tea oh there. He was quite aware that plea were better for not being fed for .some time before being slaughtered, lut !n this case it was quite a different matter. It would not have been difficult to have obtained mangels or some such thing which would have tent thp pigs going.

The Court decided that the defendant was at fault. The time wa,s too long to allow animals to travel with out food, hut as there was no intention to ill-treat a nominal fine vnuid be inflicted, namely £1 and costs £2