CITY POLICE COURT.

Otago Daily Times, Issue 12639, 17 April 1903, Page 7

CITY POLICE COURT.

Thursday, April 18. (Before Mr £. H. Carew, S.M.) Drunkenness.—Jane Whittaker, witll .twff previous convictions for this offence during th'er past six months, was convicted, and ordered to come up for sentence when called on on condition she went to the Salvation' Army Home for not less than three months.—■ GcoTge Brercton, alias Burton, for the samo ofTonce, was fined ss, or in default 24 hours' imprisonment; and Bridget Diggs was similarly dealt with. Two first offenders wero convicted and. discharged with a caution, and a charge against a third who had been takca to the Hospital was withdrawn. An Indigent Child.—William Geary, aged 11 months, was adjudged to be an indigent child within the meaning of the Industrial Schools Act, and was committed to Caversham Industrial School, to he brought up in the Church of England religion. Charge of 111-treating a Tram-horse.—Tames Beid was charged, on the information of Inspector Aitken, with, on March 17, wilfully ill-treating a grey gelding.—Mr W. C. MacGregor appeared to prosecute on behalf of the Society for the Prevention of Cruelty to Animals; and Ifr Hanlon for the defendant, who pleaded " Not guilty." Prosecuting counsel stated the facts of the case to be that on March 17 the defendant was in charge of ft tram-car and three horses. 'When about to leave the corner of Manse and Princes streets for Caversham ono of the horses was slow in starting, and defendant (the driver) took up the drivel's heavy stool, lifted it by the iron foot, and struck tho horse several blows in tho rear. The horse, when struck, roared up and backed, apparently suffering pain. It backed against the front of tho car, commenced kicking, and eventually got its foot fast in the iron splashboard in front of the car. Its foot was held in that position for several minutes, and, eventually, a plumber, who happened to be on the car, loosened tho fastenings of the splashboard, and ,the animal was set free. Tho horso was by this time unharnessed, and its near hind foot about tho fetlock joint was cut and bleeding. Several persons standing by would bo culled who would sny that tho horse was evidently then unfit to be driven. It was standing on three legs, but, notwithstanding that, the horse was harnessed up and driven off to Caversham, practically running on three legs. One of the persons on tho car told the driver the horse was quite unfit to be worked again., The conductor said he would tako out tho horse at Caversham.. The cruelty consisted in first beating the horse with the heavy seat, and, secondly, in'harnessing and working the horso when it was quite unfit to be worked.—Evidence was given by Milton Peart and John Craig (who witnessed the occurrence, and corroborated tho opening statement), and by Inspector Aitken, who deposed that he visited' the Caversham stables two days after the occurrence, and found the horse still lame, and with a rat an inch by an inch and n-half on its log.—Mr Ilanlon said (lie evidonco would be conflicting. The-driver would not deny that ho struck the horse with the car seat, but he would call witnesses io prove that only ono blow was struck, and that not a cruel one. The. court would surely not want to go into fine distinctions as to what was a proper 'instrument with which to castigate a horse. The driver had been three years in the tram service, and had no whip with him on the day in question.—James Rcid, defendant, gave evidence that the horse was not caught by"tho splashboard for more than four minutes at tho most, and the blow he struck was a very light one. Several tram officials, including the inspector, were present when the horse-was again harnessed aud driven away. The atiJementa of'the witnesses for the prosecution were much exaggerated. There were two jibbers in his team, and ho was trying for Eome minutes i.o get them to start.—Evidence was given by William Henry Allen, Andrew Kennedy, James Rackley, and John Golden.—His Worship said he was not satisfied from the evidence that defendant struck the horse more than onco with the seat, and if that had been all that had happened possibly a caution might have been sufficient, to meet the case. But there was more: the horse got fixed and injured, and was put into harness and driven wheu lame, according to the witnesses for the prosecution, whose story there was no reason to doubt. Ho would take into consideration that defendant bore a good character, and inflict a fine of 20s, with costs. His WoTship subsequently reduced the fine to 10s, the costs j amounting to £4 4s.

A Further Charge.—Henry Longworth and Arthur Jones were charged with, on March 20, wilfully ill-treating a bay gelding, and both pleaded " Guilty."—Mr MacGregor again appeared to prosecute, and stated that defendant Jones was in Mr Longworth's employ. Prom information received, Inspector Aitkea stopped the lad in Albany street when ho was driving the horse, and examined the animal, finding under tho saddle two open sores, one three* and a-half by two and a-half inches. Both sores wero raw and sensitive. Jones stated that he had been working the horse for a month, and previous to that it had had a spell of two months to allow its back to heal. The employer was equally liable with the employee.—ln tho case of defendant (Jones), his Worship said he should have protested against working the horse in the condition it was. Ho would be fined 10s, with costs (17s fid).; tho defendant Longworth would be fined 20s, with costs (28s).

Maintenance.—ln the case of George Munro, charged with wife desertion, Mr Hay said it was the intention (with Mr Sim's consent) to have tho charge altered to one of failure to maintain.—Tho orso was adjourned till April 23.