BEATEN TO DEATH

New Zealand Herald, Volume LXXIII, Issue 22392, 13 April 1936, Page 10

BEATEN TO DEATH

BRUTALITY TO DOG CLUB MASCOT KILLED STORY TOLD BY NEIGHBOUR SMALL FINE INFLICTED Holding that the mascot of the Hutt Rugby Football Club, a small black (log that used to lead the senior team on to the field dressed in the club colours and walking on two legs, had been beaten to death, Mr. H. P. Lawrv, S.M., in the Lower Hutt Police Court last week, convicted James Ewart Dawson, electrician, of cruelly ill-treating the animal. Defendant was fined £4 with costs amounting to £3. Mr. T. P. McCarthy prosecuted and Mr. It. W. Bothamley appeared for the defence. Submitting that the case was one of extreme cruelty and asking for a heavy penalty, Mr. McCarthy said the information had been laid by the Society for the Prevention of Cruelty to Animals. The dog had been about four years old, the property of Mr. William Morrison, and was a dog of exceptional ability and intelligence, having done tricks for charities. After the dog was cruelly beaten to death it was found in a sack, with another sack over it, in a barrow. Defendant denied any knowledge of it. William Thomas James Morrison, taxi proprietor, said th.it at 1 p.m. on March 3, ho went to Dawson's house, about 200 yards from his own. in company with Constable Tanner and found the dog in a, barrow as described. The dog's body, still warm, was in the sack, with a piece of wire rope around the neck. The dog had a severe cut over the eye and a piece of wire about six feet long was round the body. Crossexamined, witness denied that he tied the dog up with wire.

Woman's Evidenoe Minnie Buck, Dawson's neighbour, said that beforo noon on March 3 she heard whining and, on looking over the fence, saw a small black dog. It seemed to be tied and there seemed to be some wire round its neck. A little .after noon -<he heard a terrible howling and saw Dawson beating the dog with a sack making a loud noise that suggested there was something in it. This stopped suddenly and the dog was taken round to the corner of the shed. She heard two more terrible cries and then there was silence. Before he took the dog around the corner of the shed Dawson remarked to her that dogs had been running over his garden. Three months ago she had found a dog in her back garden with every bone in its body broken.

To Mr. Bothamlov, witness said she had had a clear view of the scene. The dog had been given about half-a-dozen blows. Constable C. E. Tanner corroborated Morrison's evidence about the finding of the dog. The piece of wire rope round the neck was not attached to the collar. Inspector R. A. Nicol gave evidence about the injuries suffered by the dog.. Cross-examined he said similar injuries could have been inflicted if the dog had been kicked by a horse and knocked against a hard object. Defendant's Explanation

Defendant, giving evidence, said that on his return home to lunch he found three dogs in the vegetable garden, which was barricaded to keep dogs out. He picked up the sack to chase the dogs, and two of them fled down the path, but the third ran over to where his horse was. The wire was trailing from the dog and when the horse lashed out the dog was kicked into a ditch and the wire tangled around its body. It was not dead when he picked it up, but was gravely injured. Defendant said he did not remember Miss Buck speaking to him. After lunch he found the dog was dead and asked bis son to hide it so that his wife should not see it. He had not told Mr. Nicol what had occurred. This was the first time he had made any explanation. Mr. Bothamley said even if the dog had been killed there was no evidence of cruelty. It was not cruel to kill a dog. Giving judgment, Mr. Lawry said he accepted Miss Buck's story. The weight of evidence was that the dog had been killed in the way she had described.