CRUELTY TO A MARE.

Otago Witness, Issue 2513, 14 May 1902, Page 4

CRUELTY TO A MARE.

A CONVICTION AT OUTEAM. At the Outram Magistrate's Court on Saturday, before Mr E. H. Carew, S.M,, John Bell Blair was charged, on the information of the inspector for the Society for the Prevention of Cruelty to Animals, with, on April 12, having cruelly illtrea-ted a horse by striking it with an adze, inflicting thereby a painful wound. Mr A. Brown-Durie appeared for the society, and Mr Aitken, the inspector, was -also present. Mr Durie, in opening for the prosecution, said the information was laid under subsection 1 of clause 7 of " The Police Offences Act, 1884." The defendant in this case was a farmer at Shands, near Outram. He was the owner of ahack mare, and on the date in the complaint had gone out to catch this hack to go into Outram. He had been tthabre to catch "the animal, and lost his temper. He had then taken an edged implement with a long handle, known as an adze, from the hand of an employee and thrown it at the mare, striking her on the fl»nk with tho edge of the instrument and inflicting a j wound 2Jin long and lin wide. It was a pretty ! deep wound, and the skin and flesh were cut through. Of course had it reached the intestines the wound would have been a fatal one. The inspector had seen the horse, and when spoken to defendant had admitted having in : flicted the wound. Lionel Saunders, labourer, in tlie employ of the defendant, said that on April 12, the date on which the horse was wounded, he had been working at some fencing when defendant was trying to catch the mare. Witness had gone to the bock of a shed for some material, carrying an adze in his hand. Defendant took the adze from witness's hand, and chased the mare up into a corner near witness, who had attempted to catch it. The hack had broken away, and ran down alongside a fence. Defendant had tried to stop -her, and had then thrown the adze. Defendant was then about 16 or 17 yards from the animal. The mare was galloping when the adze was thrown, but he thought it wottld not have struck her if she had not galloped into the road of the missile. It had struck the flank, and inflicted the wound. The wound was about 2in long, penetrating through the flesh. Defendant had then gone after the mare and drove her back, and witness and another had caught Her. The wound was not bleeding badly. It was bleeding slightly. The other man's Christian name, was " Jim ' ; he did not know his surname. Robert T. Aitken, -inspector for the society, said that on the 16th he had accompanied Constable Carmody to defendant's house, and mentioned a complaint about the cruelty to the mare. The defendant had admitted it, saying he was in the height of passion, anfl threw the adze at the mare. He did not mean to do it. Witness had examined the mare, which was tl:en under treatment. He had seen a wound about 2in by lin. It had penetrated into the flesh, and just missed the intea_tine3. He had had sorre stitches 'put in. Witness considered it a case of gross cruelty. The Defendant, who was not represented by counsel, admitted the charge. He had lost his temper, and thrown the adze. He knew it was wrong to have done ho, and he was -\_ery soriy foi it. He had done al! he could afterwards for the animal.

The Magistrate s<ud he nnist inflict a fiiV>■'tanlial penalty as pro\idcd l>v the act. It v. as not sucli a bad case as if it had been done dehb?rately or intentionally, ot a<- working a horso with v, r-ore shoulder v.-ou!cl be DrferKLi.it would be fined 30% ccsU of court (7s), and piofe-s.iO lal costs (£1 Is).