RESIDENT MAGISTRATE'S COURT, TEMUKA.

Temuka Leader, Volume 2, Issue 116, 25 January 1879, Page 2

RESIDENT MAGISTRATE'S COURT, TEMUKA.

Wednesday, Jan. 22. | [Before A. LeG. Campbell, Esq., R.M.] i POLICE CASK. j A case of drunk and disorderly was dis- | missed, as it was the offender's first apj pearance before the Court. I CIVIL CASUS. | C. Story v. B, Orfcnn—Claim LIS 14s i (id. Mr Johnston for plaintiff. Defendant I did not appear. Judgment by default for I amount claimed and costs. | Duncan MeAlister wns charged under j the " Prevention of Cruelty to Animals j Act, 1878," with that lie did un awfully, ! by cruelly beating it, kill and injure a certain horse the property of John Young, of Waitobi. Inspector Pender conducted the prosecution, and Mr Hamersley appeared for the defendant. Mr Hamersley gave notice before the hearing commenced that he should ask for a remand after the case for the prosecution was closed that the body of the horse might be exhumed, and a post ' mortem examination made to ascertain i the real cause of death. It was very imI portant to a man charged with id-using a | horse that the body of the" animal should i be properly .-xnodned. His Worship said it ought to have been examined sooner. It was strange that ■ the case should have been allowed to lie j over so long. | Mr Pender said he h:;d no objection. j The evidence was then taken. ] John Young, ahdofl4 or 15 years of | age, examined by Mr Pender, stated that I on the 12th of December last he took a I horse to defendant to have lauipass cut ! out. Defendant tied the horse to the j wheel of an engine outside the smithy, j and proceeded to put the lampass bit in i its mouth. The horse hung back and held up its head so that defendant cou'd not reach it. He struck the horse with the bit and made it break loose. He caught the horse again and tied it up I shorter, and beat it about the head, first with the hit and then witli a stick about six feet long and two inches thick, holding the stick in both hands. The horse fell down but got up again. He struck it again and it fell immediately and di<d a few minutes afterwards. Its nose was bleeding after defendant commenced beatj ing. The horse was quite well previously. j Defendant was under the influence of j drink. 1 Cross-examined by Mr Hamersley: | Before defendant struck the horse he took ! the iron to cut out the lampers. The i horse ran back, plunged about, ano broke | loose. The second time it was tied, it was j not tied so close to the wheel as to keep j its head down. In falling, it did not strike its head against .the wheel. Mr Bci 1 did not come up till the horse had fallen the second time, but the boy Baxter was there. To the Bench : The rope was not tight round the horse's neck. The knot was not a slip-knot. Defendant held the stick in both hands. I saw the last blow given. It fell just behind the horse's ears, defendant standing beside the horse, wdio was pulling back on the rope To Mr Pender : Defendant had just given the horse a blow when it fell the second time. Wiiliam Baxter, a lad of 16 or t 7, examined by Mr Pender, stated that he was at the smithy on the day named. He did not see the whole of the affair. Defendant was tying up the horse when he came up. After tying ..it, he clapped hi :», and tried to put a twitch in its mouth. The horse would not let him. Defendant .then got a stick and beat it about the head and neck. The stick was perhaps six or seven feet long, and two or three inches' thick. Was not sure how often the horse was struck. The blows fe'l on the head and neck—most of them on the neck. Did not think the blows killed the horse, but that the rope, which slipped up between its ears, did so. The rope AVi's so tight round its throat that it could not breathe. Defendant was hitting the horse .vhen it fell. He sung out for a knife, and Young got one, and the rope was cut. The knot was not a slip-knot. Cross-examined : The horse plunged about and hung back in the rope when defendant tried to get the twitch on. After the rope was cut, the horse breathed liecv/ily a few times.

To the Bench : Defendant had had drink, but "he was not too had." He did n"t strike the horse with a'l his strength. Mr Hamersley, for the defence, placed M'Aliisterin the box, this bemg one of those quasi criminal cases in which this course is permissible, the question being ■nominally put through the Bene!). Defendant stated that the horse was brought to him about eight in the morning, and it was tied up in the smithy till about four in the afternoon. He took the horse into the smithy, and tried to put the twitch on, but the horse was very rowdy, so lie took it out and tied it to the engine Tried to put the lampass bit in its mouth, but the horse hung back heavily, and pulled the rope over its head, falling backwards when he did so. Tied him up a second tirre, miking the rope tighter around his neck, and giving him about three feet of rope. The horse tried to strike him with his forefeet, so he got a stiek about three feet long, to put the bridle of the lampass bit over its ears. The horse was frightened, and jumped back, pulling the rope between its ears. It then reai'ed up and fell, the rope being tight under its throat. Sung our for a knife, but Young was some time in finding one. The horse was killing himself, labouring very heavy on the ground at the time. After cutting the rope the horse's head fell to ground. He breathed heavily a few times, and then died. Believed the horse broke its neck, or else choked itself. Did get out of temper a little v-dtli the horse, but gave him no blow that would kill him. To Mr Pender : Had not admitted to Mr Young that he had killed the horse, and had never offered to pay for it, Mr Young had said that be should expect to be paid for it, but lie, defendant, had not agreed to that. He had only one glass of spirits that day, about eight in the morning- He had been Tip all the night before at a concert, and went home sober. He did hold the stick in both hands, but did not beat the horse heavily with it. Gave him no blow that would hurt. him. James Heid, cattle dealer, stated that he arrived at the smith}' just before the horse died, and after the rope was taken oft'. He examined the horse, but saw no marks of beating about him: Marks of blows given >vith a stick might, or might not be visible. McAllister seemed vexed or sorry at what had occurred. He was, for the best of witness's belief, sober. The boys made no complaint about ill-treatment. Mr Hamersley asked for a remand. The information -was laid under the sixth clause, and it must be shown that the death of the horse was really due to the beating, or the person in charge was not liable. He believed that the horse either choked himself or broke his own neck. Baxter proved that the horse was choking. It might be found that his neck was broken. Mr Campbell : If the horse was so frightened by McAlister as to choke itself or break his own neck the case remains very, much the same. If the horse had been properly treated it would have been alive now, and therefore its death must be attributed to the defendant's ill-treat-ment of it. A long conversation between the Bench and counsel as to the power of the former to give a judgment at all on the information then ensued. This was laid under the sixth clause, which provides for compensation to the owner, but there -was no such claim preferred. Evidently from the line of prosecution the information should have been laid under the fourth clause, which provides for penalties being imposed for cruelty to animals. Mr Hamersley argued that the Bench could not award compensation as there was no evidence of value, and could not inflict a fine because the charge was for injury and not ill-treatment. Mr Campbell said it was a great pity that informations should be drawn out so vaguely. They should state under what clause of an Act they are laid. In the present instance there was nothing to guide one in forming a decision. He thought, however, a fine could be inflicted under the fourth clause. He would inflict a tine of L 5 and cost-. Mr Hamersley gave notice of appeal on the ground that the Court had no power to fine.