The Express.
London, England, 1867-04-11 00:00:00

THE POLICE COURTS.

CIXRICENWELL

Mr. Wdlue,a, Waftey, cattle salesman and dealer, of the
Metropolitan Cattle Market, wea summoned before Mr.
Cooke, M the instance of the secretary of the Royal Society
for the Prevention of Cruelty to Animals, charged with
cruelty to animals by exposing sheep for sale at the
Metropolitan Cattle Market without proper covering, they
having been recently shorn.
Mr. Ricketts, solicitor, of Frederick-street, Gray's-inn•
instructed by Mr. Love,prosecuted; and Mr. Field,
solicitor, of Pinelley, defended.
Last week it was proved that the sheep were exposed in
the cattle market on a bleak, cold, and wet day, the
ground being covered with snow, without any clothing on
them, the sheep having been recently shorn. To prove
that the defendant had been guilty of cruelty Professor
Spooner, of the Royal Veterinary College, was called, and
he deposed as follows :—I consider the acts narrated are
very cruel, and that the animate must have suffered a great
deal. 1 have examined meat from animals that have been
so exposed, and have found that it was very flinch dete-
riorated. The very fact of the animals standing with their
hacks arched, their heads hanging down, and shivering,
would show that they were suffering great pain. The skin
of a sheep is highly sensitive and thin, and the removal of
the wool would expose the nervei. The present practice
of sheering sheep in cold weather is a most cruel one and
ought to be supreseed.
Mr. Cooke having taken time to consider his judgment,
now said—The charge in fact is that the defendant Un-
treated this sheep by subjecting it to the inclemency of
the weather without sufficient covering. The defendant
admitted placing the sheep in the pen, but stated he had
di ucted that the clothing sent with the sheep from tho
country should be left off, ncomequence of its being wet,
and he considered it was better itshould be without cover-
ing than with a wet covering. Now, following the usual
rule of the construction of statutes in such cases, I am of
opinion a conviction cannot follow. The words of the 2nd
section are, " Cruelly beat, ill-treat, over-drive, abuse, or
torture any animal." The offence under. that section, I
think, must consist of some act of cruelty or torture com-
mitted on the animal, and not simply an act of neglect,
although that neglect may be cruel. I think further, to
justify a conviction, that there must be evidence of
cruelty which pre-supposes a males animus. Row-
ever improper the treatment of this sheep may have
been, no cruelty seems to have been intended ; indeed the
evidence is the reverse. This view is supported by refe-
rence to sec. 12, which does provide for a case of neglect,
viz. where a lawful act is so performed as to inflict unne-
cessary pain on the animal. The present case might pro-
perly have been brought under this section, as being one
where unnecessary pain wee inflicted in the performance
of a lawful act, but section 12 is limited to the offence of
causing such unnecessary pain when it arises in the
conveyance of cattle, and to that alone. I era of opinion
' that what the defendant has done dorm not come within
the meaning of the statute, and the summons will there-
fore be dismissed. I shall not allow costs.

Mr. Ricketts said that Mr. Colam, the secretary of the
society, who was in attendance, considered the decision
of such importance that he had instructed him to ask
the magistrate to state a case for the decision of the
superior court. If the magistrate had decided against the
defendant he understood that it was the intention of the
defendant to ask for a case, as the matter was one of the
greatest importance to the cattle trade.

Mr. Cooke granted the case, and Mr. Colam, the -
tar'', and Mr. Love, having entered into -the required
recognizance., the proceedings terminated.
THAMES.

There hare been frequent complaints at this court on the
part of poor women and others of the operations of the
" Associated Sick and Burial Society of St. Patrick, 106,
Duke-street, Liverpool." The members of it are almost
exclusively poor Irish, and the contributions are collected
by numerous agents. Two poor widows of Irishmen came
before Mr. Paget a fortnight ago. One said she was en-
titled to Ti. on the death of her husband, but was declared
" out of benefit "in consequence of her husband having
fallen into arrear with his weekly contributions owing to
the collector discontinuing his aills when he knew her hus-
band was ailing and likely to die. The second widow said
she was entitled to 61, on the death of her husband, and
she was declared " out of benefit " because her deceased
husband was a few pence in arrear when he died. Mr.
Paget said there was an arbitration clause in the Liverpool
St. Patrick's Society, and he could not interfere.
A poor woman named White, whose deceased brother, an
Irishman, was a member of the Liverpool St. Patrick's
Society, said he insured for 6/., and the money had not
been paid to her. The excuse was that she was ` out of
benefit," because he was six weeks in arrear, which was
untrue. A weekly contribution of 4d. was entered by
the collector and then crossed over. There was, in fact,
only five weeks in arrear,and the contributMn book made out,
by the trick practised by the collector, that six weeks' con-
tributions were owing. Five weeks' arrears did not dis-
qualify a member, but six weeks did. The applicant
added that the treasurer for the East-end was a Roman
catholic priest, dwelling in Poplar, and he did not
know anything of the way the society was managed in
Liverpool or London.
Mr. Paget—l cannot help you. The London office is in
Somers Town, and you may apply at the Marylebone police
court.

STRIKE Or ENGINE-DRIVERS ON THE NORTH-
EASTERN HAlLWAY.—Yesterday morning the whole of the
engine-drivers on the Darlington section of the North-
Eastern Railway, in connexion with the mineral and goods
department, struck work. The reasons alleged by the men
for this step are that faith has been broken with them by
the railway authorities, and that arrangements agreed
upon at a meeting with Mr. Fletcher, the locomotive
superintendent, on Thursday last, have been broken by
their foreman, Mr. BelL It appears that the men, besides
being promised certain rates of wages and a fixed number
of hours of work, were also told that they should have
one day a week allowed as a "shed" day, for cleaning,
packing, and keeping their engines in order. This work
had previously, they state, been done partly in their own
time. They state that on Monday their foreman
broke this engagement by not permitting them to
have their " shed " day, but instead of that putting
them off work for a time, which would lessen their
amount of pay. They had one or two interviews
with their foreman, but not being able to come to an ar-
rangement with him they struck es stated, and the im-
mense traffic from the coal field of Durham and the other
mineral products of that and the adjoining counties has
been stopped. The men at Newcastle and other places on
hearing by telegraph what had occurred at Darlington also
struck, and one passenger-driver at Darlington had left
work. It is feared that unless some agreement be come to
that to-day will see the whole traffic passenger and mineral,
on the line "impended, and oleo on the Stockton and Dar-
lington Railway. The locomotive superintendent (Mr.
Fletcher) states that the men hold aloof from him, not-
withstanding that he has invited them to discuss their
grievances, and always told them if they had a dispute to
appeal to him.
AN ABSURD Strurriow.—On Thursday last the
Rev. James Hunt, incumbent of Northmoor Green, made
application in the local police-court fur a wai-rant
against • boy (whom he did not name), under the
following singular and somewhat ludicrous circum-
stances:—He said that on Sunday afternoon last,
after Divine service at Northmoor-green Church, a young
woman, who formed one of the congregation, was being
maltreated by a mob of twenty to thirty boys, " backed
up " by a few men, and be (Mr. Hunt) interfered to pro-
tect her. The evident design of the mob was to precipitate
her into the river, but he frustrated this by catching hold
of her clothes and pulling her back. The boy of whose
conduct be complained got upon a donkey and rode it
against him. The road was very narrow and the mud
deep, and lie was covered with dirt. He got into an
orchard, and while getting over the stile the boy
caught hold of his coat and once pulled him back.
Having left the orchard, the boy rode the donkey against
him again. He endeavoured to escape, but was driven
into a corner, and there the boy made the donkey kick
him several times with its hind legs. Hoping to attract
the attention of Mr. Sealy, who resided near, he called
out " Murder !" thrice, and then the boy promised to let
him go " for a shilling." With a view of "fa ilitating
the ends of justice" he handed the boy the money, but
again withdrew it on his demanding three shillings. Ulti-
mately he managed to get away. He understood that in
thus molesting him, and not allowing him to pass away
without a money payment, the boy was guilty of felony,
and he accordingly asked for a warrant. The bench de-
clined to grant any more than a charge for a common
assault. The rev. gentleman said he should not accept
that, adding that he should " make application to the
Court of Queen's Bench."
THE FORTHGOMING EA.STER TERM.—Yesterday
the arrears in the common law courts were made up for
Easter term, commencing on Monday next The whole
arrears of the three court, number 244, of which 116 are in
the Queen's Bench, 49 in the Common Mae, sod 79 in the '
Exchequer. There are of new trials 3.5 in the Queen's
Bench, 15 in the Common Pleas, and 16 in the Exchequer.
In the special paper of the Queen's Bench there are 72
rules for argument ; in the Common Pleas, 54 ; and in the
Exchequer, 10. Of enlarged rules there are 9 in the
Queen's Bench, 5 in the Common Mesa, and 4 in the Ex-
chequer in the peremptory paper. There is only I post-
poned motion in the Common Pleas, and 4 oases standing
for the judgment of the court, and in the Exchequer in the
lint of errors and appalls there are 3 for judgment and 6
for argument. As the Lord Chancellor will give a recep-
tion to the judges on the first day of term, the courts
not sit before 2 o'clock. Sir W. Bovill, the Chief Justice
of the Common Pleas, and the recently appointed Soli-
citor-General, will receive the congratulations of their
learned brethren. The judges are only received by the
Lord Chancellor at Michaelmas and Easter terms.
[Advertisement. J--HoLLoway's PILLN can be
confidently recommended as a &mottle remedy for the ailments
of all classes and conditions of people. Young and old, men and
women, parents and children, may take this medicine with the
certainty of deriving benefit from its nee when disorder or disease
is making them miserable. Holloway's Pills ale unrivalled for
their purifying, aperient, and strengthening properties. They
remove indigestion. palpitation, and headaehes, and are specially
serviceable In corny taints peculiar to females. Each box of pills
Is wrapped up in printed instructions for the guidance of Invalids,
who will readily understand from carefully studying them the
best way of regaining hi altb. Holioway's Pills work a thorough
change In the vonitituMon of the weak and nervous.