HE CALLOUSLY LET STOCK STARVE

NZ Truth, Issue 1293, 18 September 1930, Page 1

HE CALLOUSLY LET STOCK STARVE

SM's EXTRAORDINARY LENIENCY Hastings Farmer Gets Light Gaol Term and Fine For Gross Acts of Cruelty MOUGHAN DESERVED THE MAXIMUM >mumn MimmniMHimmmiimmuniimiiiniiiiiiiiiiiiiiiitmiiiiiiiiiiNiiinriHiiiiiiiiiiiliMnnimiiiiiiim J The astoundingly light sentence passed upon James Moughan, a Hastings farmer, who was found J | guilty of grossly callous cruelty m that he not only allowed his stock to starve to death, but he permitted some % | of the unfortunate beasts to die a lingering death m a bog on his farm, surely calls for some action by Minister I 1 of Justice Cobbe. 1 I While commenting m a most caustic fashion on Moughan's brutal neglect of his cattle and sheep, j I and fully aware that this man had twice previously been convicted of a similar offence, Mr. Mowlem, S.M., | | saw fit t6 impose a fine of £10 on one charge and a mere 21 days' hard labor on the other count of cruelty. j | -\ The maximum penalty the magistrate could have inflicted upon Moughan was six months' imprison- j | ment on each charge, and, on Mr. Mowlem's own opinion of the evidence placed before him there is not the I S slightest doubt that this man merited the limit permitted by law m the way of punishment for his unconscionable j 1 action. " 1

THE constantly occurring instances of extraordinary magisterial leniency m ■ such cases as this, and for drunken driving offences, makes it imperative that our legislation be. amended to enable the Crown to appeal, where it is felt that offenders who come into these categories have been inadequately punished. Take, for example, the magistrate's own words m the case under review: "The evidence discloses a shocking state of affairs, and if what he told the sergeant of police is true, then I think defendant is as cruel a man as it is possible to be, and a man capable -iof doing "what this man has done, is capable of doing anything." / V ? ~Yet m tli^^ery jfa^.of such a , '^Ili^fifng'7.t^ia^tibn of the man who appeared before him, the magistrate fails to hand out a salutary lesson. In* 1928 Moughan .- was fined for causing unnecessary suffering to his stock on the farm by failing to provide them with sufficient food; m 1929 he was again before the court for a similar offence and was fined and now, on this, his third offence, he did not even put m an appearance to explain the- reasons for his callous acts. Moughan was not unknown to Mr. Mowlem, S.M., since it was this magistrate who gave the farmer a dressing-down m connection with his part m a night carousal at Moughan's woolshed as the result of which: a young "married woman collapsed and later died at the police station. The magistrate's astounding leniency throws into strong relief the absolute necessity of there being machinery to enable the Crown to move for a heavier penalty should circumstances warrant jt, and it is up to Minister' of Justice Cobbe to see that something along these lines is $ut into effect. The evidence m the Moughan case discloses a condition of affairs that no decent individual would tolerate for five minutes v and this being so the man who could' perpetrate such brutality on dumb beasts deserves no mercy himself. The police and an inspector from the S.P.C.A. found when they visited Moughan's farm that his cattle and sheep were dying m scores from starvation, and that many of the poor creatures m their desperate efforts to reach watercress had become bogged, where they died a lingering death. The present charges against Moughan were (1) That on August 6, at Havelock North, he failed to supply cattle and sheep with sufficient feed, thereby causing them unnecessary suffering, and (2) on August 26 permitting unnecessary suffering to a cattle beast by allowing it to be left bogged m a swamp. When the case was first called, Mr. B. T. Gifford, for the defendant, asked for a week's remand, pointing out that his client had only received the •summons four days previously, and had not had time to put his position before counsel. Mr. Gifford pointed out that it would be a very serious matter if defendant was convicted m his absence. Sergeant G. A. Doggett, however, objected to the adjournment unless it could be assured that m the meantime the stock would be attended to, as the whole position was a very serious one, the stock being without food and dying m all directions. Later Mr. C. W. Davis, inspector for the Society for the Prevention of Cruelty to Animals, visited the farm, and he expressed the opinion that unless the stock were immediately fed, their position would not improve. At this stage, however, Mr. Gifford intimated that he had been unable to find Moughan to give an undertaking that this would be done. Several attempts to trace the defendant were made, the court even being adjourned to assist m the search, but it was without success, and his Worship decided that the case should go. on without him. Mr. Gifford. formally pleaded not guilty. The first witness was Charles W. Davis, inspector for the S.P.C.A. He told the court that on June 13 he inspected Moughan's farm and found no

i [ that it had been a hard winter and s that mortality among sheep had been ' exceptionally heavy this season. Constable Heffernan gave evidence that he accompanied the last witness | to the farm on July 13, when he saw ! from 50 to 60 dead sheep m about 100 [ acres, while others were lying dead ■ m the creek. s j The sheep looked m fair condition, and had there been someone there toattend to them he was sure they would not have died. There was a scarcity of feed on the farm, and m his opinion it was overstocked. On August 6 he paid another visit v to the farm and found 28 sheep m the swamp. Some had been dead for some time and. others werj^p^yvg-, these . having been boggfed ffor -some dayd, and he managed to get them out with great difficulty. The constable said he was convinced that the paddock was unsuitable for the sheep during winter, and m rescuing the two he himself had gone m up to his knees and had had difficulty m getting out. The cattle which were still alive looked very starved and, hungry, although there were traces of barley straw having been fed out. To his Worship witness said that when he served the summons on Moughan the latter said that he was doing his best, but that cattle and sheep were dying" all over the country. His Worship: Is this man m a different position to any other farmer, or is he simply the victim of neglect ? —He is the victim of neglect. I have never seen anything like it. Is there any house on this farm? — No, sir, just a woolshed. . Oh! This is the notorious woolshed, is it? — Yes. • Sergeant Doggett stated that towards the end of July he warned Moughan that reports had been received by the police concerning sheep and cattle dying on his property, and Moughan replied that the sheep had been worried by dogs and driven into the stream. Moughan also said that he himself had been out to his farm about every other day to see that things were all right. Witness detailed his visit to the farm with Inspector Davis on August 26, and added that m one instance there were carcases of three beasts and nine sheep m the bog within a space of 15 feet square. They had apparently been trying to reach some bulrushes. His Worship: And cattle must be ' very hungry before they'll tackle bulrushes ? — Yes. No evidence was called for the defence. "Well, I'm satisfied that both charges have been proved," said the magistrate, "and it discloses a shocking state of affairs. "I do not believe the defendant's story to the sergeant of police that he often visited the farm. If he did, then all I can say is that he is just about as cruel a man as it is possible to imagine, and a maii capable of doing this is .capable of doing anything. "The defendant has not appeared m court and has absolutely ignored the summons, apparently treating the whole matter with contempt. In fact, he has neglected the court as efficiently as he has neglected his stock, leaving everything to his counsel, who I must say has done a great deal for him. "I do not know of any law to force a man to come to the court and explain, but if he does not choose to do so, then he cannot have cause to complain if he is dealt with harshly. "In this case, the defendant was previously convicted m 1928 and again m 1929, and it seems to me that he is absolutely callous as far as the \ treatment of his stock is concerned, t "Well, he will have to be shown i that it pays to impart a little kind- c ness m the treatment of dumb ani- i mals. On the charge of allowing the i cattle to remain bogged he will be s fined £10 and costs £2. t "In connection with the other charges," added his Worship, "I do c not intend to inflict a fine at all. The t defendant knows his position thor- t oughly, and he will be sentenced to s 1 21 days' imprisonment." B

IIIUIIIHUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUI fewer than 67 sheep dead and bogged and also a dead cow m the bog. He reported the matter to the secretary of his society, and a letter was at once sent to Moughan. telling him that his stock were starving. # On June 30 he again visited the farm and found 30 sheep dead m the creek and two horses shut up m a

pen about 19 to 12 yards square. The horses were without food and water, and appeared to have been thqre for some days. On neither of these visits was there anyone at the farm. On July 25 another visit was paid to the farm, and there was no improvement m the position of the stock. Another visit was made on August 17, and he found five cattle dead and two others down. They had eaten the rushes bare to the ground. In the- yard was some barley, straw, some of which had been given to the stock. On August 26 witness visited the farm again, with Sergeant Doggett, and found 26 head of cattle dead,

several being bogged. In one place, at the head of the stream, there were four cattle and six sheep bogged, and one of the cattle was still alive, just dying a lingering death. Some sheep and cattle away from the stream were also down, and one sheep had worn its head quite ■ raw through trying to get up. The stock were probably bogged through going into the creek tp get watercress, and

once they got m were too weak to get out again. Witness said that calves he saw standing round on his visit on' August 17 were dead on August 26. In the condition they were m they could not possibly digest barley straw, and this probably killed them. The cattle seen alive m the head-race appeared to have been bogged there for at least two days, and there had been no one there to attend to them at all. • In the opinion of the witness the whole was due to insufficient food and lack of attention. Witness admitted to Mr. Gifford