DOG JUMPS AT BOY

Taranaki Daily News, 20 January 1933, Page 5

DOG JUMPS AT BOY

INJURY TO HIP SUFFERED

INCIDENT IN CURRIE STREET.

CHARGE AGAINST OWNER FAILS.

A tale of a frightened boy and a lively fox terrier was unfolded in the New Plymouth Police Court yesterday before Mi-. R. W. Tate, S.M., who decided'to dismiss a charge against Mrs. Elizabeth Bithell as the owner of a dog which was alleged to have attacked Leo Desmond Jones on December 15, thereby endangering his limbs. The boy Jones, aged 11, said he lived in Tparriet, Street. On the afternoon of Friday, December 15, he came out of George and Doughty’s shop with Rex Lawson and Tom Atkinson. After his moving a few steps from the door the dog sprang at him and knocked'-him over. Then it sprang at him again and bit him on the upper lip. One of the men from the shop came to his rescue. The dog was attacking him all the time. A woman, Mrs. Bithell, took him to Dr. Davie, who dressed the wound with sticking plaster. Mrs. Bithell then took him home /and told his parents about the affair- He had not .teased the dog. He had on a white sun-hat, said Leo to Mr. Bennett. He had led the way out of the shop. He and the other boys were not talking then. Counsel: Are you used to dogs? Leo: No, I’m frightened of them. The next witness was Thomas William Joseph Atkinson, aged 12, Devon Street. It was about 4.30 pan., he said, that, the dog sprang at Leo as they came out of the shop. It bit him while he was on the ground. On rising Leo was again attacked about the legs until protected by people nearby. Afterwards Leo was taken to the chemist’s. The dog followed them into the chemist’s shop, about 30 yards away. The senior-sergeant: Did Leo do anything to tease the dog? Tom: No, he did nothing. . The senior-sergeant: What colour was it? Tom: White and black and yellow. Mr. Bennett: As a matter of fact there is no yellow on that dog at all. Tom: I thought there was yellow on its He said he had never seen the dog before, but he knew its brother, which belonged to “the lady in the dining To the magistrate: Rex left the shop first and then he and Leo joined him. He heard a squeal and. turned round to see the dog attacking his friend. BOY WAS BLEEDING. Constable J. O’Neill said he was standing at the corner of Devon and Currie Streets when he heard a dog barking and yelping excitedly. There was a number of people outside George and Doughty’s shop, and a fox terrier was barking among the group. The boy was led away bleeding. The boy told him what had occurred. He was taken to a chemist’s shop. Mrs. Bithell came in. She was. excited. She offered to take the boy in a taxi to a doctor. As the boy was being led away from the shop the dog followed him, barking and attempting to bite. The magistrate observed that it was extraordinary that a dog should bark and yelp without cause. For the defence Mr. A. A. Bennett said that in view of the suggestion that the dog should be destroyed Mrs. Bithell had sent it to a single men’s camp where her son was working. She had had the dog since it was a puppy three years ago and never once previously had it attacked anybody. She did not admit it was a dangerous animal. Though she did not see the actual beginning of the trouble she suggested the animal had been attracted by the boy’s hat, and had jumped at him playfully. It had been admitted the boy was frightened of dogs. Counsel submitted that before the case could be brought within the section it must be shown that there had been actual danger to limb. He suggested the ends of justice would be met if a conviction were not entered. Mrs. Bithell' had done, everything possible for the boy after the accident. Counsel said he had thought the doctor would have been called by the police. If necessary counsel would himself call the doctor, who, it was understood, was not prepared to say definitely that the wound on the lip was the result of a bite. It might have been made by the dog’s paw. i DOG’S PLAYFUL NATURE. . After confirming the details given by counsel Mrs. Bithell -said the dog had never shown the . slightest tendency to attack human beings. It had a playful, romping nature. On the day in question it was romping with its brother. The dog was accustomed to playing cricket with children. Mrs. Bithell produced snapshots showing the dog playing with children. She had had some difficulty in getting a taxi and had visited a number of surgeries without result before finding Dr. Davie at home. She returned to the doctor with the boy on the following Saturday and again on the Tuesday./ Two stitches had to be inserted. The boy’s mother had thanked her for what she had done. Neither of the parents had desired her prosecution. To the senior-sergeant: The doctor toid her the dog never closed on the boy, meaning that there was only one puncture. To the magistrate: The dog was in the habit, of. bringing in the paper and it was able to beg. It always obeyed orders. . • Testimony regarding the quietness and good behaviour of the dog with children was given by the following neighbours: Charles - Norman Pryor, Robert C. Cobb, Frederick W. Schultz. The magistrate said the case confirmed his opinion that the owners of pet dogs in towns ran a certain risk. He con-sidered-the police would not have done their duty if they’had not laid this information, because it was essential that dogs should be kept under proper control. However, he did not think “life 'or limb” had been endangered on this occasion. The dog had been given ; a good character and. he would dismiss the case, though owners must understand their pets must be prevented from attacking people. Mrs. Bithell had done everything possible and had sent the dog away from the town.