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ASHBURTON— MONDAY.

(Before Major Steward, J.P., and Me R. Alcorn, J.P.) OaUBLTY TO ANIMALS.' Alexendor Hagg.ifor whom Mr Oisyton appeared, was charged with* having been drank while lo.ohirge of a horse on Feb. 16, and also with having 111-treated a horse . by striking it on the head. — The Bjr.ch having Inspected the horse alleged to have been illused, the following evidence was oalled : —John Wilson, groom In the employ of ttev Father Binsfeld, said that about half-pant five on Saturday afternoon he saw accused, who was In a trap, beating the hr.rae with a whip. Father Binefeld spoke to the man and oaatloned him as' to his conduct. Accused made no answer, but continued beating the horse.— By Mr Clayton : Aoouied Was m thu trap. From his poaltloa there he oould not have struck the horse on the bead, as the handle of the whip was not long enough. Accused appeared to wit* ness to be sober. — John Moison, bootranker, said that on Saturday afternoon he saw aooused whipping a horse m Burnett street and saw Father Binsfeld go towards him. Saw accused continue to beat the horse for about five minutes.— By Mr Clayton : Witness thought kindness the best method of dealing with horses. If he were breaking a horse In he did not know if he would use Madness or a whip, he never having had occasion to break a horse m. Did not see aoonaed out of the trap. Only saw him strike the hone with the lash, and did not, know whether he was sober or druok — Eiizibeth Barber, who was at her daughter's place m Burnett street on Saturday afternoon, »aw accused beaming a horse. Si Was at first m the trap, but he afterwards got out and struck the horse over the head with the handle of the whip. He struck the horse two or three heavy blows when a portion of the handle of the whip flaw off.— By Mr Clayton ; Witness did not k now If accused had had any diffioulty m getting the horse to go where he wanted. it. Accused spoke civilly to witness. — Mrs Mutton, daughter of the last witness, gave corroborative evidence. Her attention was attracted by the piiest remonstrating with asoosed on his cruelty to the horse. Accused was beating the horee from the trap, but when the priest had gone he got but of the trap, and atruok the horse two or three tlmeß over the head with the handle of the whip. The horse thtn went on. Witness's mother spoke to aoonaed, ftho replied that he would make (be horse go where he wanted! It, . Accused, appeared"*"" to tie a UtUa drank, beoause of the way m which he pulled the horse about while he was m the trap. The horse wonld go but accused would not let it. Possibly the horse wanted to go one way and accused another. — Constable . Fitzgerald said that about half-pist eight o olook on Saturday evening he took charge of the horse and trap which were standing m front of Mr J. Orr's shop. The horse was bleeding from a wound on the haad. Accused under the influeuoe of liquor and did not appear to be lo a fit state to look after the horse, — By Me Clayton : A ceased would have been able to walk along the street without it being notioed tbat he was drunk. Had It not been for a complaint made to witness some time before witness would not have notioed that he was under the influence of liquor. Witntsa arrested the man on the charge of llhreating the horee 'and it waa subsequent to hie arre?t that he was charged with drunkenness. — By {he Bench} Witness drove the ,boree ', from Mr Orr's to the police station ; it' was a very free goer Felton gave evidence as to the state of the horse at a quarter to one on Sunday morning,— Constable Smart drove tho horse to the Court that morning, and found jt a quiet, willing animal— The polioe withdrew the charge of drqnkonness againßt the accused. — Mr Clayton stated the evidence that would be adduoed for the defence. The horse stuck the accused up m Burnett street, and the whip being of no avail, the man had to get out of the trap and uae other means to make it go. Boms of the witnesses had given evidence that aocused had spoken very civilly to them, which fact went to show that he was not m a pasßion, and would use no more violence than was absolutely neceßsary to make the horse go. The charge of drunkenness, Mr Clayton added, could hate been amply disproved by the testimony of a number of witnesses, but the charge having been withdrawn he could not of course go into it now. — The acoused stated that on Saturday evening the horse which had got exoited crossing the line stuck him up opposite the Catholic Church In Burnett street. As witness could not lnduoe it to move he took the whip tp.it,; This was of no avail *p he got out ans taking it by the head hit It on the jieck. |f he struck the animal on the head it was quite unintentional. He then returned to the trap, and the horse went on. The horse was three years old and was not yet broken In. It was quiet as a rule, but- was sometimes stubborn. The wound on the horse's head might have been oaused by it striking against the point of the shaft. He did not notice any blood on the horse's head while he w»s beating It. Witness drove out as far as the faotory and then teturned to town to get groceries, when he was arrested.— The Bench were of opinion that undue violence had been used. Aooutjad might not have Intended to strike the home on the head, but to lcfllot such an injury he must have been using his whip very recklessly. The Bench would this time take a lenient view of the matter an,d would let the acoased off with a fine of 20s or 48 hours imprisonment. DRUNKENNESS. Two first offenders were fined 6s each, with the usual alternative. John Murray was charged with disorderly conduct while drunk, with having made me of obscene language, and with having resisted Oonitable Rellly, while m the execution of bis duty. The oase waa a bad one and the aocused was ordered to be imprisoned for three months. STARTING ▲ HOJtSB. Frank Dynes was charged with having ill-treated a horse by leaving it without food or water. Mr Cuthberteon appeared for the accused .— T. Whlttlngton saw tie horse m a quartor-aere section all latt week, %. There was not sufficient grasi m I he paddock; to feed a|bona, H« did. not

«ea any food or water given to tbe hoiM wbioh bad teiched into witness's p!io und «te a lot of potato topi. A hone «rould have to be suffering greatly from honker before it would eat potato topi, Witness complained to the police, and took the botse Into his stable, where it %%w some straw, whioh it went for '* Ilka .1 d-g wMoh had been without food foi a month;" When (ha hcrse got a ohanoe to get come water It drook very freely # The horse bad fallen off greatly In oonditloD.—Oonntabfe Oaaey gave evldenos m to the condition of the horse, when taken by him to the police station, Tbe ■nlmtl was very weak from want of food and water. Had seen the potato patoh m WhUtlog ton's place from whioh the tops "'" : bad been eaten by tha hine. flad never previously known a hone to eat potato tops — The Bench having extmlned thr hone, stated they wero of opinion ft prima facie o^se had not been made oat, (t was atated'Dynes took food aqd water to tbe hors3 regularly. —The one Wll dll* mluad, / The Oourt then rose t - -

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http://paperspast.natlib.govt.nz/newspapers/AG18890218.2.15.2

Bibliographic details

ASHBURTON—MONDAY., Ashburton Guardian, Volume VII, Issue 2066, 18 February 1889

Word Count
1,328

ASHBURTON—MONDAY. Ashburton Guardian, Volume VII, Issue 2066, 18 February 1889

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