POLICE COURT.-Monday.

New Zealand Herald, Issue 105, 15 March 1864, Page 3

POLICE COURT.-Monday.

ILL-TEEATLSG A IIOKSK. Thomas Hcloher was charged hy Sergeant poster, of the I'olico, with a breach of tho " Auckland Municipal I'olico Act, 1802," by cruelly ill-treating n horso in Queen-street, on the -Olh February last. Mr. lleveridge appeared for the complainant, and Mr. Merrimiin for the defendant. illiam Shirclifle, sworn, slated : X was in Queenstreet on the afternoon of —Otli February lust, and saw Belcher there harnessing a bay mare to a breaking iu car. After the mare had been put in, he ordered a leading horse to be put iu front of it j the mare wus in the shafts, and Belcher got upon the car to drive; the mare would not go,"and ho turned the leader down the street, but lie appeared to be too light and not able to draw the mare; he then took the leader away, and put a much stronger horse in the traces. Defendant was in the driving box, and 1 heard him say to the mail who was leading the leader to keep him going on ; the mare fell down, and Belcher still kept the. leader going on. Tlie mure fell oil her side, ami Iter fore leg wei.t over the leader's trace, and she was dragged along the ground ; her eye wns cut very much. Defendant kept whipping the mare to try ami get her up ; lie never touched (he leader, nor got oil tho. van until the policeman came up, when lie ordered the mare to bo taken out of the harness. I he mare 101 l throe times, and was cut on both her lore knee.*s her fore leg, and her eve. 1 should say she was dragged 10 or !-"» \ard» along the road. A\ hat made Helelier .-.top was ;i policeman who curao up and ordered lum to take (he mare out. Defendant tried all he C' i uld Jo i;iak'' tin- mare go. and nhe would not ; hi< treatment war* ven cruel. The mure bled a uood deal.

Cross-examined bv Mr. Merrnnan: Tin* mare threw hfpseil down through stubbornness; her knees were much cra/.ed. r lhe policeman said he \*as to take the mare out because lie had no business to be breaking a horn* ill I lie street. I \ ugh Dunn, orn, deposed :Tmn a stonemason, and was iji (,'ueen-street on the afternoon of the ~oth hebruary last, ami saw the defendrjit there, witl) & bay nmre in a van, and loosing a trace horse from it. .1 then .saw another horse brought out and put in hi* place. when Helchcr got up on the van. and told tho : man there lo take the leader on, and tried to driro | the bay mare on ; she would not go, and threw herj sell down; when .she was on the ground 1 heard I lielehi-r say to tin* man Mill lo take the leader on. ! Defendant whipped the mare to get her up; the bay i mare threw hci>eif down twire, but was not pulled ; laralon<! fhe ground; 1 did no; nol notice whether i she wa« t-ut or hurt. Cro».examined by Mr. Mcrriman : I have no experience whatewrin horse-breakine. Con-table .laclison deposed : I was in Queeu-Ftrcet on thr aheriioon of' iiOth February last, and taw defendant there : lie had a hay mare in a van, with a leader attached to it. lie was endeavouring to drive the bay mare on. but sin* would not go, and laid down. Defendant struck both ihe mare and the leader, and f saw her drained along a short distance-. ■ 1 saw she was cut in the e\e. 1 then went and i»1 tormed Serjeant !*■ .tcr w hat 1 had seen. .Defendant ■ was Heating the r a.r \ervcrueth. Cross-examined ... Mr. Merriman : I do not know i who the mare belonged to. Sergeant Foster ordered | him to take the mure out. because ii w<i> not right to j break a horse in the .-'reel. t liv ll.n jJeueh : The horse was hurt through ill- : treatment. It was a cruelty to dru<i a horse along j the street. I miw him strike the mart* with the whip. ! l'olice-Sorgeant i-'o>r,. 1% sworn. Mated: (Jn the j aitriiioon of l]ie I'Uth i*'ebiua:y last, L went to Queen ; strei-t thvouirli information ii ceixed, ajid Haw defendent on tJie seal oi a veidcie, wliipjjini*; ;l bay , mare that \\a.s lyinur on the ground, 'l'lie mare wu« ,in the .--iiaft"> and ;i iraiier hetbre it. I did not Ht;e her ) drained alonii". T >aid to him " you set? the mare in not inclined to jret up, ilown and take thit mare '.nit of the ile did so immediiitoly. I iu»t.C'.".l ftlie was wry much cut on t)»,- fore and* hind am) over the t.ti 1. al>o Irom tlie no.v*. ( !»y Mr. Meri'im.in :• -I did not h:«how she was cut, but I sm.uid :av it was throwing hiTM-lf do\Mi. ] have been told t'nat thr mare b'-lon\ r s to .Mr. \Vaije. i Thai was the ca-e i'<*r tin- jilainlilV. ami for 1 lie de-b-nee Mr. M'-ri;man said that he had two uiiness'-> to call who would clearly disprove the evidence which iiad been taken. Mr. 1 deposed : I .':nv the male firM put ijito harne» oh tJi■ - ailenun<:i of'JtKh Kebruarv last, in my yard, atler troinir down a poition of of the vaid s/ie Ki«:kin«r and threw herselt d iwn ; siie w.i:* men taken out. ami put in again. '1 he m.ir xie e»wd e.>;isi«ierabli injury through tlirowiu.\; i.'-i.-elt .i-M-ii •!„ Ihe .'lones hi the yard. L'poji h»-r b-'ing put mi «. very })iecauti«.»n was taken >a\ e her troiu usjiirv. Il was impossible fur lier dra'i" <iii ;iie Sru- was in a slo-ieton break. Urlcher used no uu-ie vi-d, nee or illtreaUueut than U"ei ssirv in breakih::' a slubbom hoi-e. ( r"»-exam.;it d i-y Mr, I!everid£e :- - I saw her hai ;ie>-.d when i wa> in the yaid. ami she th'.Mi threw berseii oown on t in* >ti ,i\e> umh r the archwav. I gavti d:r< e ions to the men wiiat to do. and aiso to uuharneMri her ; she was n •nstderahly eut. t iieu about the eves and haunch ; liien- was a i;-aih-r attaeiied atthat time, but, . hail another one put on wheushe wa* liarni'ssed again, ab«nl an itour and a hall' afterwards. I saw her brought back a second time; she was also then much hurt. She fell onsewia rock in mv vard. K d»va rd Kini oe k, s worn, stated*: I saw the niaru in ijuestion eoiiiin- ii»vii the >; r e. t o:i the afternoon named. I'revioiis to this 1 had been attending the mare lor injuries received by her rushing out of the biacic-smitit s simp. Mr. \\ ;;iu % told me that the luaie had been in harness before, end was very quiet. W hen Jielcher brought tlie m.ire in 1 said to him "vou have nairowlv e-car.ed vom* neck." and he fcaid " Ves, licit is Mr. W aite's »pdet tnar<\" When .••lie thrr-w h-r-'-lf down in t!>«- yard, ! ran ami held d"wn ie-r h>re whilst tJiey uuiiarnessed her; she had ie.-eived .-oiin: injuries then, her eye was blooding, and al.-<> a< ut i?n the tore-arm. I did not Kee her harnessed again, hut saw her alb near tlie Old ('ourt House ; she wasjumpimrand i« !i di«w*n ; Helchor did not use anv undue severitv to get her up, }jc used tlie whip a liUh. When I received the mure to treat there were no marks of violence upon her. Cross-examined by Mr. I'cveriugc: Alter (tie mart* fell in tiie yard, site was taken and made fast to a post, where 1 ion her. I think it' was about o'clock m the afternoon ; I do not know how long after it. was that she was taken out again. Mr. \Vaite mqs thereat the time. I'pon her second return she was apparently in a very bad slate; ,-he was not in h worse condition than when she went out. I did not see her dragged, neither did shu appear to have lo_>n *o by the appe'iranee of her. liv i lie ijeiu-h : The wounds were inflicted before she left the yard. She would have been cut severely had she been dragged along tiie road. William Uyland : lam sergeant-major of the Auckland C avalry, and have had experience of horses ever since 1 was tO years old. I saw the mare in question in harness in llardington's yard: in going down lilt) yard she gave a tremendous bound and kicked and fell upon the scoria rojk in the yard. She was immediately attended lo ami unharnessed, lieleher used no eruelu. I saw her again afterwards, put into a break in tlie street, with a leader attached. Gave another bound and threw herself down. ( was present all the time, and saw her throw herself down twice. No cruelly was used to her, the whip was one eominonlv u-ed. She was not dragged along the road, only the ira'-cs strained to try and raise her up. Crixs-exannned by Mr. Ueveridgc: I saw her put into the break a second time ; 1 wasslanding close by, and was pre-ent the whole lime until rlit; policeman eame. Ii was about iiaif-an-liour from her lwinß harue-s(d lhe second ti'ne until the arrival oi fhe policeman. She \va« ha'.f-audiour going less HX> \ards. She have been iyinjj «iown ior five uimuio* at a time. ( v\*i(; not swear that thi- vmrr was not draped a yard oi* two ; mili'ht have been i:i the e'ldeaioui* (" •! If't' '(p. and through her otu; jduntiini;. She wa- u'»' lo»o u log ol wood. 77;;s was tho whole ra.-e. WUWowlup \Uere was wo doubt htil I'.h.ii thr m;iv had mvircd serums injuries, but Uwve was no evidene to -!iow (hat tlie ((efendaut i/.-e(J a)jv wanton, l»rulal e.-ue'r.y. Vuit that kor«»> was iujiirec/ through rircuj/i.-faiicr-, he could not sar over w\u»-\\ V>Ae\\ov \\.\ov \w\ v\WWvvA, W \\W\\ Wu vi«ht to he brri'kiii'j ;t h'tr.-r in thr -tivvt, that was NN\WW \\v n >\\vwv\\V \vano V.ww WW\ \U\^T\ Ihrvr cerfa/n/y rii.iVinv ?«» s/jinv fhnf (h'/t'ndanl ;u"o'd I ho eA-v I>^ troifje iji-eu««>ii »n ihen .n<».-e uSauU wJien )di* ''o»•.*'? *' ei;ufd no' eotts, and t-CUjfiV: *V;i v V.;; Mj i )\i) titu* ii !h$ Isl'.ft*