RESIDENT MAGISTRATE'S COURT, HAMILTON.

Waikato Times, Volume XXIII, Issue 1928, 13 November 1884, Page 3

RESIDENT MAGISTRATE'S COURT, HAMILTON.

Wednesday.— (Before Mr H. W. Northcroft, R.M.) DRUNKENNESS. An old offender named George Davis k pleaded guilty to the charge, and was * fined 10s and" cost, or 48 hours imprisonment. ALLEGED CKUKLTY TO A HOUSE. Maurice Kiley was charged with ha\ ing on the 26th of October last, on the load between Cambridge .uid Hamilton cruelty ill-treated a giey mare. Mr N. Brassey, on behalf of the Society for the Prevention of Cruelty to Animals, prosecuted, and Mr W. M. Hay represented defendant. Mr Brassey opened the case, briefly detailing the circumstance* and cvlled Geoige Marshall, contiactor, Matamata, who deposed that he rememueied the 26th of October, on which day he was driving from Cambudge with some fiiends. Saw defcnd.mt at Camp's hotel, who was very much the worse for liquor. He was riding a grey horse. Haw him riding tlm whole way into Hamilton. Did not think the horse was n'dden pioperly; he had to hang on by the spurs. Defendant was asked by the gentlemen in the tiap to jemove the spurs, seeing the state he was in, but he refused to do so. He appealed to be kept in the saddle by the .spurs. The horse was badly maiked on the sides and the forearm. The horse was used with unnecessary cruelty. There was blood flowing from both sides. Cross, examined : Would swear that the spurs were used deliberately and wilfully. Defendant rated the hoise from the bottom * to the top of McPherson's hill. There was no blood on the horse when he started from Gamp's. A hone of any other colour would show tin? blood equally well. Saw the defendant in Camp-, but had no cross words with him. Shook hands with him, but did not diink with him. Defendant rode backward and fonvaid, so that witness had ample opportunity to bee the hoise.. Did not inform the police on account of the defendant using bad language towards some of those in the buggy. Walter Stimpson, hotelkeeper, Auckland, sworn, deposed that on the 2(!th October he was coming from Cambridge to Hamilton. Saw defendant riding a giey horse. He J appeared to be pretty well drunk, and treated the animal to a great deal of unnecessary cruelty. He would ride on for a quarter of a mile, and then back. He kept constantly spin ring the maie, until the sides and shoulders of the beast were covered with blood. His attention was drawn to his conduct by witness and another occupant of the buggy, and defendant answetud by using bad language, and telling them that he could do what he liked with the horse, as it was his own. There was another hmseman with them, but lie did not keep up with him all the tune. Cross-examined : Had frequently been on racecourses, and had seen hoises come in with blood on their .sides, but would not think of laying an information in that case. Did not know whether he had ever seen a'racehoise badly spuired as the horse of Kiley's. Had seen a hoise called Lone Hand with blood on his sides and shouldoia aftei a race. Kiley's hoi se was a rather light grey. Defendant was certainly not olxt. When witness lemonstiated defendant became abusne. Re-e\amined : Had never seen Lone Hand bpuned as badly as this hoise of Kiley 's. To the Com t : Saw him lace the hor.se up the hill as hard as he could go. Francis Crawfoid, a caiter, lesidnig at Hamilton, .sworn, deposed that he remein bered the 2(ith of October. Saw defendant's horse that day. Tlieio was a little blood on it. Advised defendant to take his spins oft and put them in his pocket. Defendant was under the influence of liquor. Witness adv^ed him to wash the animal at once, or Constable Murray would be up. The hoise was veiy "flash." Had never ad vised anybody before to wash blood off. Never heard of pc >plo being bi ought up for cruelty to animals before he came to New Zealand. Could not say whether Kiley cruelly ill-treated tho hoi-e. By the Couit : Could not say whether the animal suffeied unnecessaiy pain. Could not s.iy whether defendant used the spurs unnecessarily. By Mi Biassey: Did not think that with a Hash hoise like defendant's it was necessary to use spins at all. Cross-examined : Could not say whether defendant used the spins deliberately and wilfully. High woids passed between the former witnesses and tlie defendant, and after the low the people in the buggy threatened to infoim the police. Had often seen hoises spuued as badly in the old couutry. Snv no laceration on the sides of the hor->e. Could not say what sort of s|>ur» they weie. Thought the skin was much tenderer at this tune of the yeai. This closed the case for the piosecutioii. Mr Hay t<>< k a'i objection to the lnfounation, inasmuch a-, it did not disclose an offence, as it <iid not allege the unlawfulness of the Ac I. After sonvj discussion the Bench took a note of tho objection, and reserved its decision. Mr Hay commented on fie ovidenco foi the prosecution, remai king th .t Ilm piose cution evidently aiose out of the .lltei cation between the paities. Defendant had no d'mbt used the spin-, but not maliciously oi wilfully. He saiJ tlu sociJty Mr Biassey represented was lapidly bee uning a nuis,in"e. 'Main ice K'ley the defend mt, deposed tho-t on the 2.">t i Ootibei,he was nding home to Hamilton. Snv tlu hi^t two witnesses at Camp's. Wis iich'ig a giey maie. When lie was a few chains fiom the hotel the buggy came up, aid one of the occupants told him to tike off his spuis He refused, as ho was doing no harm. The pei .son then threatened to get out and punch him, and they continued to aggiavato the defendant as \an% as he remained in then company. He u^ed tho spuis, but not cruelly. Theie was blood on the maie when he got to Camp's. Canteied up McPher-son's lull but did not use the spins. Crawfoid did not speak to him about washing the blood off the hoise, and he did not wasli the animal. Did not use any alum. Cross-examined: The co'istible aimed at defendant's ho«is3 shoitly after ho ariived. Th' 1 hoi-e belonged to a in tte of his. This mate was at defendant's place when ho got back, and tui'c the hoi so home to the camp. Was not a good nJni at tho best of tiuii}-, .md m i> liaveujjd tlirf spins to hold on. He spuncd Hie. mue on ti.e shoulder. Went up the lull at a " stui cm ter," and the spur- might hase touched tho horse. Con-tiblc Muri.iy deposed that he examined the- hoi so on the 27th October at the defendant's cvmp, in the Piako swamp, but could hnd no maiks on it such as would be expected from the cruelty alleged to to have been inflicted on the beast. In cross-examination w ituess said lie could not swear tho horse he examined was tho one ridden by Kiley, but he had no doubt in his own mind that it was. Constable Wild gave corroborative testimony, defendant brought the horse to the police station on the 27th and witness carefully examined it. He found no marks of violent spurring. Mr Hay appeared for an adjournment m order to call Glacier, defendant's mate, to whom the horse belonged. He could testify to the condition in which was when she was brought home. Mr Bra c sey objected to an adjournment. He suggested that Mr Hay should withdraw his technical objection and allow the case to be decided on its merits. If the objection were allowed the Society would immediately lay a fresh information and the defendant would be put to great expense. He asked the Court to give a decision as to whether cruelty had been exercised or not. The Magistrate said he was satisfied that unnecessary cruelty had been resorted to. Mr Hay would not consent to withdraw his objection. Subsequently at the instance of Mr Brassey, Mr Hay consulted with his client, but the latter elected t» adhere to thecourse pursued by his legal adviser. HU Worship subsequently announced that he would give his decision on Saturday morning. civil cask. Waikato Chkesb and Bacon Factory Company v. J. S. Milne.— Claim £10 18s 6d, amount of unpaid calls. — Mr W. M. Hay for the plaintiffs. — Judgment for full amount with costs.

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