The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-04-22 00:00:00

KINVER.
A FARMER CHAROED WITH CRUELTY To A

HORSE AT ARLEY.

At the Brierley Hill Police Court, on Monday, I. fore
Messrs. F. Ever. and H. Hall, Thom*. Will, homer,
lately residing at High Trees Farm, Arley, was eberged
with cruelly beating and illtreating • certain horse, by
then and there beating it with a pike.
Mr. Barbury appeared for the prosecution, and Mr. H.
Saunders (Kidderminster), for the defence.
Mr. Barbary, in addressing the Bench, said on the 28th
lilt defendant had notice to leave his farm, and Bullock
(the complainant) was to be the fresh tenant. He began
to remove his goods there, and left a horse there on the
4th inst, and on the sth inet, it was turned out on to the
road by Mr. Wall. Ile went into the stable and ran
pike into the horse's thigh on the near side, and injured
it besides. Mr. Bourne, • veterinary surgeon, of Itridg•
north, would tell them that the animal was formerly worth
£25. It had been damaged to the amount of £5. The
way he made it nut web for loss of time £2 14s, and for
keep and veterinary surgeon's fee £2 Cs Gd. He hops it
that after hearing the evidence, the Bench would not be
satisfied with fining defendant, but send him to gaol with-
out the option of a flee.
Edward Bullock (the complainant) said he was going
to live at High Trees Farm. He was to have gone there
at Lady Day. He removed some goods there on the 4tlr
in a cart. They put the horse in a stable. He saw the
animal on the following morning. It was turned out into
the road. There was a large punctured wound in the
thigh, which seemed to have been made by some sharp
instrument. There was a small bruise on the eye, and
it was very much swollen on the stomach. It was not fit
to work yet. It is at a veterinary surgeon's, at Bridle-
north. There was nothing the matter with it on the 4th
when he put it into the stable. The animal had been
kept at a livery stable ever since, and he had got to pay
the veterinary surgeon £2 6s 6d. The horse was worth
£25. It was five year. old ; but he could not say how
much it would be worth now.

Cross-examined: I took the horse there on the 4th.
and saw him on the 6th. I have worked him since. I
took him to Arveley, three miles away, to get some hay.
The horse walked to B.idgnorth, which Is nine miles.
I was not very cross about the horse, and examined it
carefully. The policeman from Arley examined it with
me. We only discovered the punctured wound and the
bruise on the eye. Did not find any other wound on
him.

Thomas Hooper said he lived with defendant, and was
there on the 4th and lith instants. Saw defendant go
into the stable He had a whip and a pike in hi. hand.
He broke the whip on the animal; but did not aeie him.
It was a two-tined fork. He hit him about the body and
legs. The horse was tied up, and he jumped about.
Defendant turned the animal out into the road. He did
not touch it before witness told him it was Mr. Bullock's.
It was a very thin gig whip. He had a fork in his hand
the whole of the time.

Cross-exanathed : Did not see Mr. Wall tonch the horse
with the fork. I mast have area him if be had done so
I am summoned by the prosecution as a witness again,t
Mr. Wall. Have never seen the horse in the field iiince
Mr. Baldwin brought it there. Did not know that Mr.
Bullock had a right to put it in the stable. It was
turned out because he had no right to pat it there. Saw
the animal the same day it was turned out of the stable:
There was nothing the matter with him then. He did
not area. injured then, lie has not been in the stable
since then. The horse was as sound when he went out
as when he came in.

Re-examined : I know Sergeant Baldwin, Police-con-
stable Farmer, and Robert Bullock. I did not tell Ser-
geant Baldwin that I saw him use the pikel, but did not
see him stick it in him. I told Poliee.coostable Farmer
I saw him bit the horse, but did not think he stuck it in
him. I have told George Bullock the same.
By the Bench: There are four stalls in the stable.
The horse was in the One against the door. Defendant
did not use the pikel to the horse. It happened at one
o'clock at night. There was a candle in the stable. De-
fendant bad only just come home. It was Mr. Bullock's
whip he used. Did not ace any blood on the floor.
Robert Bullock (son of complainant) said on the 4th
inst be was at the farm. He heard the defeudant come
home. He said he would brealswitness's neck if he did
not come down. Did not bear him go into the stable.
He said he would turn everything out of the house. He
afterwards beard the home in the road, and got up and
fetched it in. It was about one o'clock. Did not exam.
Inc the horse then, and he was not out on the following
morning at seven o'clock. There IVIB a bit of a mark on
the thigh as though it bad been thrust.
Cress•examined : It was likes patch. Did not see a
potch on the eye.
Charles Bourne, veterinary surgeon, Bridgnorth, said
he had the horse brought to him. He examined it and
found symphateher fever. It had a punctured wound tie
the thigh 21 inches deep. There was • bruise on the
eye. It might be done and die from lock-jaw three days
after. It will always be a blemish. His charges were
£2 65 6d for ten days' attendance to the horse' and he
did not consider the horse St to travel so fares Brierley
Hill. The animal walked lame. It might have been
done by • pike. It must have been done by a sharp in-
strument sods round one.

Cross•examined : There is a part of the horse called
the stifle. There was an abrasion of the skin. Should
not say it wu • pike that would do it. It could not have
been done by • knife. It could not have been done by
the horse getting vet a fence aud falling on its
haunches.

Mr. Saunders, in defence, said there was not the
slightert evidence against defendant, complaiDarit's own
witness having provid his innocence.
The Bench said they did not think there was sufficient
evidence to convict, and dismissed the ceee.

Defendant was further charged with obstructing the
high read by placing two carts thereon.
Mr. Barbary piosecuted, and Mr. Saunders defended.
Thomas Boopir said he saw defendant tilt two carts
over in the road. He helped him to fetch them off the
defendant's premises. Nothing could get past until the
following morning, when they moved them. Both of the
carts belonged to Mr. Bullock. Defendant told witness
to put the harness on the horses and pull the carts over.
Cross-examined: The Arley policeman rime the next
morning. It was the road leading from Kinney to Arley.
There was room for anything to pass. They were not
there on the following morning between seven and eight
o'clock.

Mr. Saunders submitted he had no case to anew,.
The only evidtnce they had to convict upon was that of
the Iran Hooper, whose evidence in the previous ease arts
not to be beheved.

The of opinion that it was a very aeri-um
offence, and m:gl.t have eausei a ,eri,,un accident. lie-
let; toe and cost, ; in default ot.e m ,nth.