A COLT KILLED.

Waikato Times, Volume 109, Issue 18257, 19 February 1931, Page 11

A COLT KILLED.

CLAIM FOR £3OO DAMAGES. NEIGHBOURING FARMERS IN COURT (Special to Times.) CAMBRIDGE, Wednesday. Adjourned from the December sitting of the Magistrate’s Court the claim of £3OO damages by B. D. and C. Russo, farmers, of Pukekura, against a neighbour, R. A. Waite, for the loss of a thoroughbred colt, was continued at a special sitting to-day' before Mr Wyvcrn Wilson, S.M. Evidence previously given disclosed that on the night of May 9 the coll, .by Ivilbroney-Mia Belle, escaped on to the road, and was run into by a motorcyclist named Cameron. It was late at night and the cyclist roused the defendant, who killed the injured animal with an axe. Mr D. J. Lundon appeared for plaintiffs, while defendant was represented by Mr S. Lewis. In evidence to-day, Constable E. F. Jones stated that he gave no authority to Mr Waite to kill the animal. Mi Wait had rung up the Police Station and asked for shotgun ammunition to destroy a horse with a broken leg. Cesare Russo said the sire of the colt was recognised as one of the 12 leading sires in the Dominion. The following day after the colt had been killed defendant came over to the plaintiff’s place and had asked il plaintiff did not think he had done the right thing. Witness had replied that . Dr. Gruenvald, veterinary surgeon, had told him it was the action of a mad man. Mr Waite had subsequentlyacknowledged that he had done wrong and said he thought the colt had a broken leg when it lay on the ground. Defendant had said he did mjt wish to go to court and that he would not mind paying for the service. Witness valued the colt at £SOO, provided it had improved as it was doing. In cross-examination witness said that the dam of the colt was placed at least eight times ayd raced four seasons. Witness did Aot let defendant know that an examination of the carcase was to take place. Willoughby Horne, veterinary surgeon, said the horse had been physically fit prior to its death. The cause of death was a fractured skull.

Dr. Gruenvald gave corroborative evidence. He made an examination, but there was no injury to the spine, nor were the degs broken. He found an injury between the ears into the brain.

Case for Defendant. Counsel for defendant said it was significant that if the animal was worth £SOO, plaintiffs were only claiming for £3OO. Allan Cameron, the motor-cyclist, outlined the accident. Several horses were galloping towards him and he appeared to strike the colt when it had its head down. It was struggling when he went up to it, and was still struggling a little when he brought defendant to the scene. An axe was procured and Mr Waite killed the animal with the head of Ihe axe, and not the sharp edge. It died immediately. Tlie following day a discussion took place at Russo’s when one of the Russos said he would admit it was his fault for leaving the gate open. Robert Alexander Waite, the defendant, said the animal was in fearful pain when he arrived on the scene. The colt could not rise to its feet. Several present agreed with him that the colt would be better put out of its misery. Defendant did not at any time tell plaintiff that the horse had a broken leg. He admitted no liability to Cesare Russo. He did not think it necessary to mention the matter to Russo as he thought at first the colt was a Maori stray. He was not close enough to make an examination before lie killed it.

Gus W r ells said lie. and oLliers arrived on the scene shortly after the accident. The horse was lying on the ground, and they were not sure what lo do. There was no mention of i broken leg, or suggestion that the colt was Russo’s.

Arthur Dakin said the horse was struggling violently on the ground, m reply Lo tbe Magistrate witness said lie considered it be.sL that the animal should be put. of its misery. It did not appear to be a valuable colt. Frederick Lye, M.P., said the coil was not well looked after. It was frequently on the roads. Witness expressed the opinion that there was no man who could have estimated Ihe value of the animal prior lo it being killed. There was no suggestion of 'he colt having a broken leg. Further Adjournment.

At Ibis stage proceedings were once more adjourned to the regular sitting of the. Court to enable plaintiff s counsel Lo secure a witness.