Cruelty to Animals

Cromwell Argus, 16 August 1926, Page 5

Cruelty to Animals

U. James, a farmer at the Haast, and G. S. Dulliuiore, were charged with cruelly ill-treating two horses by riding same from Makarora on Hawea Flat track while the horses were suffering from sores on the back,, and were in an unfit state to be ridden, thereby causing the horses unnecessary suffering. Constable Brookes prosecuted, and defendants, who elected to be dealt with summarily, were represented by Mr Dawson, and pleaded not guilty. In outlining his case Constable Brookes said that on cr about 14th May defendants had ridden two horses from the West Coast to Hawea Flat. The state of the horses on arrival was reported to him, and he found sores on their backs so bad that he refused to allow the horses to be taken away, R. Mason, a retired vet., residing at Lake House, remembered the two men arriving between 6 and 7 p m. on the night mentioned. They intended to continue to Pembroke, but left the horses there and went by motor. He saw the horses next morning and both were in a disgraceful state with sore backs Neither of the defendants attempted to do anything. The horses should never have been ridden in the state they were in. To Mr Daw ;on : He did not know if •die saddles were packed. On the black horse the sore must have been there a long time.—To the Bench : The sore on the black horse was two to three inches in diameter. The bay had a big running wound on the wither. The men were not on the horses when he saw them, The sores could not have been caused that day. He would say the sores had not been treated in any way. C, Cappell, owner of Lake House, said the men were not riding when they came in. He obtaiued feed for the horses. The men had tea and went to Pembroke Witness fed and unsaddled the horses. He noticed the horses' backs next morning. The bay looked bad and the other had a big flat sore. Both were in poor condition, Two days later James came to take t< e horses away, but he told them they were not to be shifted. He led one away. Witness would not have ridden the horses in their state,—To Mr Dawson: He did not see the men riding. The sores were worse in the morning after the f ros t. —To the Bench : The men told him (hey came from the Coast, and from Makarora that day. The sore on the bay horse must have been an old one. He could not tell how long the black had been bad.

Constable Brookes said his attention v/as drawn to the horses. He examined the horses The bay horse had a sore froin the bottom to the top of the wither, about 5% inches long and 2}4. inches wide, and also a sore at the back of the saddle, about three inches. Both looked old standing, sores. The bay horse was too poor to be ridden on a trip of that kind. The black horse was in better condition generally. It had a sore at the back of the saddle and .one about three inches in diameter in the centre of the back. He- left instructions that the. horses were not to be shifted. When he returned he found James had taken a horse away. He was riding when he arrived at Makarora.—To the Bench :He did not examine the saddles. No saddle in ordinary condition would d:> the damage. He understood both horses belonged tq James. The evidence of defendants was similar in most respects. Dullimore, an agent of the Tourist Department at Grey mouth, had to make a trip through the Haast to Makarora to report on the route. He engaged James to take him through. He met James on May 4th at Waiho Gorge They left next day on horseback, and the horses seemed quite all right to Dullimore, who had no knowledge of hoises, had never ridden before, and had little to do with saddling or unsaddling the horses on the trip. They went from Waiho to Bruce Bay, about 50 miles, on the sth, and to Copper Creek, 40 miles, on the 6th. Crossing Copper Creek, which was in llood, Dullimore's horse got into difficulties and was drowned. James borrowed another horse, the only one available, and they continued to Okuru. Dullimore rode the same horse right ihrough. James changed his horse at Okuro, [and they left there with three horses. James was riding a young horse and leading the bay, which he intended to turn out near Clark Hut. At this place they were held up for two days with lain The young horse, newly shod, went lame and hid to be left, and James had no option but to take the other. On the journey to Makarora they had to travel through eight to eleven inches of snow. The bush hung across the track and every branch touched dropped snow in front of the saddles to a depth of a foot at times, and where it was possible they walked and led the horses. They ttied to get fresh horses at Makarora but could not, and had to take the same ones to Hawea. They only rode portions of the last stage. After they left the Neck, James' horse gave out, and DuUimore gave his horse to James and walked, as also did James for a good deal of the journey. All Dullimore noticed was the hair rubbed off on the bay horse on the part covered by the saddle. He never saw any big wound, aud never knew his horse had a sore back. To Constable Brookes : Dullimore could not say how James" horse broke down. He did not remember seeing any sores Mason never drew his attention to the state of the'horses. The horses were fed on the trip and he thought they were fed at Makarora.

Further to the general evidence James said he started with two good hacks. When one was drowned he took the only one available. It looked ssraggy but was in fair condition. It had a small sore on its back which had been there for years. After leaving Clark Tint snow and sltet packed up Oil the saddles. They did hilf the journey from Makarora to Hawea on foot. At Lake House Oappell got feed tor the horsos and unsaddled them. The sore on his horse may have been slightly larger after such a journey. He padded the saddle to avoid injury to the horses, and the raddle never touched it, lie never saw a sore burst on either of the horses until he came back from Pembroke. He did all he eou'.d to save the horses, and rede them as little as possible. He fed his horses whgreviT feed was avail, able. At Clark Hut there was good grazing. To Constable BrooL°, Janes said thai at Makarora ths sore on the wither may have been swollen but had not buret, and was not running, ne'ther was it at Hawea, as i far as he knew, when lie arrived. He put it down to ro ling on the frosty g.-ou;ul. One saddle was a good saddle and I he othe.fairly good. He walked his horse back to Makarora. In addressing the court, Mr Dawson referred to the terms of ihe Aot and pointed out that it must be shown that defendants wilfully or knowingly carried out any aotion to cause undue euffeiing or cruelty. He dealt with the evidence in detail, and pointed to the very bad conditions under which the trip was made, through flooded streams and snow storms. Snow fell rnl worked under the saddles, and would necessarily cause' chafing. James was an experienced man and not likely ti ill-treat bis horses. Away from civilisation as they were they had no option and spared their horses by walking wherever possible. He urged the point of ncc'-ssity and hardship. By packing the saddles James did all possible to avoid di-comfort to the horses. It was a rough brack and a journey made under the worst conditions. He submitted that under the circumstances defendants were not liable.

Summing up, the Magistrate said Dullimore was a passenger on the trip and was helpless in the matter. He could not hold him guilty. In tho case of James judgment would be reserved.