THE SEVERED TAILS.

Temuka Leader, Issue 1463, 4 February 1886, Page 2

THE SEVERED TAILS.

At the Temuka Resident Magistrate’s Court yesterday, before J. S. .Beswick, Esq., R.M., Herbert F. Harto was brought up on remand charged with having on the 30ih day of January, 1886, unlawfully ill treated cattle by cutting off their tails. Mr Tosswill appeared for the defence, Constable Morton prosecuted on behalf of the Queen. Mr Broham, Inspector of the Police, was present, probably to see for himself how the police under his charge behave themselves, and doubtless felt proud of them. Long before the Court opened Ihe approacli to it was densely packed with people waiting to gain admittance. Only at electioc times, and on the occasion of the recent Maori wedding, has such a large number of people been assembled together. In the Court the littering laughter was so loud that the utterances of the witnesses, the Bar and and the Bench were sometimes quite inaudible at the reporters’ table. On the charge being read, Constable Guerin, sworn, said ; On the 30th inst., last Saturday evening, 1 was passing by Messrs Siegert and Fauvel’s yard and saw a lot of cattle, four or five of which had the tips of their tails cut off, I was informed by the spectators— Mr Tosswill objected to what the spectators told the constable being taken as evidence.

Mr Beswick : The accused is charged with a very serious offence. If you were informed by the spectators, how is it that you have not some of them to give evidence ? Witness ; I do not know who they were, your Worship. Mr Tosswill objected to anything the constable was told being taken as evidence, and the objection was upheld. Witness : Mr ilurte told me he was acting under instructions from Mr Siegert. I saw the tails produced at the police station. Mr Unite admitted he had cut them, but said it was an accident, as the cattle were jumping about. Mr Tosswill; Did you follow Mr Uarte to his own house and arrest him there 7 Witness ; I went to the house and told him Constable Morion wanted him. Mr Tosswill: Did you arrest him and bring him with you to the station ? Witness ; He came voluntarily. Mr Tosswill . But don’t you call that arresting him 7 Witness; I told him Constable Morton wanted to see him. Mr Tosswill : Was there anything about searching him ? Witness : I believe Constable Morton said something about searching him. Ido not know any more, 3 went for Mr Barker, but Mr Gray had come in the meantime. The accused said he was branding the cattle. It was about 5 o’clock when I saw the cattle in the yard, I then went and told Constable Morton, and he told me to tell llarte to come down, that he wanted to see him. No information was laid, and no warrant was issued. Constable Morton, sworn, said : After Constable Guerin reported to me that the tails had been cut off the cattle I went to the yard and met Mr Siegert there. I saw five patches of blood. There were streams of blood about there, over the yard. I picked up there the pieces of t«ils produced. When Constable Guerin brought accused to the police s’ation, ho said it was a common thing, «nd made nothing of it. Between i and 5 o’clock that evening I saw Mr Siegert driving cattle. They were very poor, wretched beings,” and very quiet. I say this to show that they were quiet, as the defence will be that they were wild cattle, Mr Harle admitted the offence, but said it was an accident, and made nothing of it. To Mr Tosswill : Constable Guerin reported the matter, I did not lay an information, because the proper mode is to arrest. (Mr Tosswill : We will teach you better by-and-by.) I saw Mr Siegert, and he told me he instructed Mr Harte to cut the hair off the cows’ tails. I never said “ I wish I had known that, I would have arrested you, too.” I said to Mr Siegert,‘f*|f you had instructed Mr Harte to cut the tails off, ypu have been arrested also.” It was a quarter to seven when Mr Harte was brought to the station, I considered him under arrest. I told Mr Siegert jt was not in my province to accept bail, (Ma Tosswill ; We will teach you that it was). Mr Gaza did not aay that Mr Gray would not como because he did not want to be responsible for my blunders. tie said I had power to accept bail. Mr Beswick said this had noihing to tjo with the ease. 1 "Mr Tosswill said it had. fje would 3hpW the afreet was malicious.

Mr Beswick said the proper course for him then was to take an action against the constable. It had nothing to do with the case as to whether the accused was guilty of using the cattle cruelly or not. The examination was continued, and witness said : When Mr Gaze said that Mr Gray said I had power t« accept bail, I did not say that ff Mr Gray knew no better than that I would teach him. I have seen horses’ tails docked, but did not do it myself. It is cruel to do so, because I consider the tail the most sensitive member of the body. Mr Beswick: Did you know this man ?

The Constable: \es, your Worship. Mr Beswick : Is he a householder here ? The Constable : I—l—he lives in a house, your Worship. Mr Tosswill : Don’t you know that he is a married man, with a family ? The Constable : I did not know that he had a family. Mr Tosswill ; Don’t you know that ho is hrothor-in-law of Mr tasor. The Constable ; I looked upon him as such. The message I got from Mr Gray was that if I made a fool of myself he would not. I then sent for Mr Barker. W. Ackroyd : I am a butcher, living in IVmuka, I have bad some experience amongst cattle. If cattle were wild it would be very easy to cut their tails as the tails produced have been cut. If the cattle were wild you would . be in danger of cutting either the tail or your own hand. The effect of cutting the tail would be that the cattle would bleed. Of course it would be some torture to them. To Mr Tosswill ; It is a common occurrence to have bits of the tails cut off if the cattle are wild. It must be painful to brand cattle with a red hot iron, I have seen some horses’ tails docked off. It takes some time before they cure. This completed the case for the prosecution, and when Mr Tosswill rose to address the Court, His Worship said he did not think he would trouble him, Mr Tosswill said he had evidence to show it was an accident; that it was a thing of common occurrence, and that it was far more cruel to brand with hot iron than to cut their tails. His Worship said the prosecution had failed to prove that the taila were cut intentionally and not by accident. He did not wish it to be understood that he regarded it as legitimate to cut tails; in fact, he thought in this season of the year there was a certain amount of cruelty in oven cutting the hair off, as that was the only defence the cattle had. There were many cruel things done, but in this case, it appeared to have been an accident. He thought also it was quite within the power of the constable to lay an information, Mr Tosswill: He had the power to accept bail. Mr Beswick : Oh, that is a matter of police regulations. Mr Tosswill : It is not, Your Worship. It is laid down by law. Mr Beswick : The case is dismissed. Mr Tosswill; I suppose you will not allow costs ? Mr Beswic* : No.