ALLEGED CRUELTY

Waikato Times, Volume 116, Issue 19406, 5 November 1934, Page 6

ALLEGED CRUELTY

STOCK TAKEN ON LORRY. \ . ABSENCE OF SUBDIVISIONS. i NO CORROBORATIVE EVIDENCE. A charge that by conveying certain animals on a motor lorry without subdivisions and by driving at an excessive speed he subjected the animals to unnecessary pain and suffering was brought by the Waikato Society for the Prevention of Cruelty to Animals against George Jew, farmer, of Ngaruawahla, in the Magistrate’s Court, Hamilton, to-sday. Mr. S. L. Paterson, S.M., .presided. Mr. D. Seymour represented the society and Mr. J. F. Strang appeared for the accused. 'Herbert W. Morris, of Ngaruawahla, the society’s inspector, stated that he saw the defendant leaving the Frankton saleyards with a load of stock, comprising 14 pigs, 2 bobby oalves, five lambs and a two-year-old heifer. He asked a friend to follow him to see whether there was a partltloa in the lorry. However, he could not overtake him 'but Traffic Inspector Met--oalfe overtook him after a long chase* Although there was a partition In. the lorry the defendant did not use it. When the lorry was stopped the heifer was tied to the side of the lorry and had fallen over the top of ths pigs and calves. Witness asked ths defendant why, he had not used the divisions “and the latter replied: “You go ahead and do what you like.” Da* l’endant had been warned before. No Sores or Brulaeef Cross-examined, witness could not state'whether there was sawdust on, the floor of the lorry. He did not notice any sores or bruises on the anl-, mals.

Mr. Strang submitted that there was no prima facie case. Defendant had' a; large lorry for the comfortable conveyance of stock and there was no evidence of ill-treatment. Mr. Paterson: Would you like td be driven Ip a lorry at 40 miles an hour with 14 pigs, two bobby calves, live lambs and a heifer? Mr. Strang: I would not like to be In company with 14 nigs even In a stationary lorry, Sir. Defendant, in the box, said he had been buying stock for the last 20 years and had never been convicted for any offence. He had had the lorry specially fitted with low pressure tyres and other improvements to make it comfortable for stock. He had tied the heifer on the lorry as he considered It was too weak tomtake 12 miles by road. Defendant admitted he was running late and exceeded the speed limit en route to Ngaruawahla. There was nothing wrong with the animals when they were unloaded. He denied that the animals were mixed together. To Mr. Seymour, defendant denied that the heifer was hanging by a halter from the side of the truck. He admitted he had been previously charged with cruelty to animals some years ago. Use of Halter. To . Mr. Strang, defendant said ths magistrate dismissed the previous charge of cruelty against him. His Worship held that the use, of the halter in the manner described constituted cruelty. If the heifer was lying over the other animals he defied anyone to say that that was not cruelty. • • ■ Mr. Strang pointed out that the question of the halter had not been previously raised and he would have to reconstruct,the defence.’ ‘ Evidence that the stock removed from defendant’s lorry at the Horotlu Freezing Works were In normal condition and unbruised was given by Ronald Lee Toulson, senior meat Inspector of Horotiu, Jack Irving, stookman at the Horotlu Freezing Works, and Joseph Cotter, foreman butcher at the Horotlu works. . / No Asslstancfr-Glven. “ There are no witnesses here who can give corroborative evidence to assist me in this matter," stated the magistrate in giving his'decision. “If it is a, Tact that the heifer was suspended by a halter and the animals were' carried in* the manner described then they have been subjected to unnecessary suffering, but defendani,"denies this. On the evidence before me I am not prepared .to say .whether oruelty'has been committed.” Mr. Paterson dismissed the infor-/ mation without prejudice and pointed out that the society could bring the .prosecution again if It considered there was corroboration. SPEEDING IN LORRY. 'DEFENDANT FINED £3. Jew was previously charged with operating a heavy motor vehicle on the Great South Road at an excessive speed. Traffic Inspector R. Metcalfe said he gave chase to the defendant and could not catch him at a/speed of 40 miles per hour. A fine of £3 with costs was im* posed.