The Sun.
London, England, 1852-09-08 00:00:00

WEDNESDAY EVENING, SEPTEMBER 8 1852.

of stating that the messenger Gell has completely
exonerated himself from the charge made against him
by the two prisoners, Clout and Dowding. I come
to this conclusion from the evidence which he has
given, and from the fact that the solicitor who repre-
sented the prisoners to-day has not thought proper to
put a single question to him.
Mr. Lewis, the solicitor referred to, begged to state
that he abstained from doing so only upon the under-
standing that the case was going fur trial, and that
consequently, in his discretion, it would be better to
reserve the cross-examination for a jury.
Mr. lIENar —As the case stands before me, I am
fully justified in making the observation respecting
Gel), and I repeat it.
The prisoners were then committed for trial.
TVESTIIIINSTER.

Mr. Arnold was engaged from between one and
two o'clock yesterday afternoon until long after the
usual hour of retiring in the evening in investigating
the complaints against M. and Madame Poitevin and
Mr. Simpson, the proprietor of Cremorne-gardens,
exhibited against them by Mr. Thomas, the secretary
to the Royal Society for the Preventio❑ of Cruelty to
An i m a Is.

There were i❑ all five summonses, three of which
charged M. and Madame Poitevin with "unlawfully
and cruelly ill• treating, abusing, and torturing" the
two horses on which balloon ascents were made on
the 231 and 26th ult., and the other two were against
Mr. Simpson, alleging that on each occasion "he did
unlawfully cause and procure a certain horse to be
cruelly ill-treated," &c.

Mr. Thomas conducted the case for the prosecution,
and Mr. Lewis attended for the def-nce.

The court was crowded almost to suffocation by
persons anxious to hear the proceedings. The two
ponies alleged to have been so illtreated were brought
into the court by Mr. Simpson for the magistrate's
inspection, caparisoned as when they made the ascents.
They were pretty creatures, apparently in very good
health, and so extremely docile and willing to have
their bandages or slings applied that they playfully
lifted up their legs that the operation might be per-
formed with greater facility. They moreover ex-
hibited such attachment to Madame Poitevin as to
follow her about the yard and push their noses into
the pocket of her dress in search of some dainty in
store for them.
After some conversation as to the mode in which
the proceedings should be conducted in justice to all
parties, it was determined, that as precisely the same
features prevailed throughout both oases, and against
all accused, the question should be brought to issue
by going into the whole facts, and admitting the evi-
dence of the defendants for each other in the case
against Mr. Simpson.
Mr. Thomas having briefly opened the case,
The first witness called was Mr. Harry Dews, who
described himself as a veterinary surgeon, at 41,
Duke-street, Manchester-square. He went to Cre •
morne-gardens at about half-past four o'clock on the
afternoon of the 23d ult. Curiosity took bim there.
It was to witness the ascent of a horse, of which there
had been an announcement. He saw M. Poitevin
ride a horse round the arena or hippodrome, and then
into the inner circle, where the horse was attached by
cords to the car.

Mr. Lewis here directed that the model of the bal-
loon and car, which had been prepared, should be pro-
duced for the magistrate's inspection.
Mr. Lewis—l have not only, the model, but the
originals here.
Mr. ARNOLD—Balloon and all, Mr. Lewis ?
(Laughter.) Mr. Lewis—Not the balloon ; all else.
Witness explained that the pony was supported by
a portion of canvas under its abdomen, and a broad
strap passed up behind its shoulders.
Mr. ARNOLD—What would be the effect produced
by the animals being taken up in the way you de-
scribed ? Witness—Compression of the abdominal
viscera, congestion of the bloodvessels in the hinder
extremities, extravasation in the lining of the abdo-
men, producing internal bruises, and giving a great
deal of pain and suffering to the animal.
Mr. ARNOLD—What would be the external ap-
pearances ? Witness—Violent perspiration and
symptoms of great exhaustion from continued pain.
Mr. ARNOLD wished to know whether great per-
spiration of the pony would show nervous distress ?
—Witness replied in the affirmative.
The witness was subjected to a most rigid cross-
examination by Mr. Lewis, which occupied upwards
of an hour, in the course of which he said he had
been practising more thad 26 years as a veterinary
surgeon, but was nothing else. Did not go into the
gardens gratuitously as the friend of Mr. Simpson,
because he found the free list was suspended, and
he therefore paid for his admission. Had known a
horse go to rest on a sling for 14 years, but his
legs were not entirely taken off the ground. The
sling was used merely to assist his legs. Never
saw sound animals placed in slings for ease. Had
never experimentalized on horses. Had never
broken a leg to see whether he could set it again.
Was first called upon to be a witness on Thursday,
the 26th of August. Did not send to Mr. Thomas
to induce him to lay this complaint. Did not
know of any person going to lay the complaint.
Was on the free list at Cremorne-gardens. Applied
to sign the book, but found the free list was sus-
pended, and paid. (Marked sensation among the
auditory, which so increased that Mr. Arnold said,
that if the proceedings were interrupted he must have
the court cleared. The book was produced, to show
that witness had signed his name, but witness said it
was not placed there till after nine that evening.)
Would swear that he did not shake hands with Mr.
Simpson that evening. The horse went to the car
regularly and quietly. It did not exhibit any fear or
anxiety. It was not at all disturbed by the din of
music or noise around it. Did not perceive any
trembling or uneasiness about it. It struggled a little
when it got in the air, and witness should say it was
very uneasy, but could not tell how many seconds it
was so, because he did not time it. Remembered the
other pony of M. Poitevin's being ridden from
Hounslow on the 25th by Madame Poitevin. Had
no conversation with a Mr. Hunt about it. Had
some conversation with him, but did not remember
whether it was on the Monday or the Thursday. Did
not say that the pony was as fresh as if it
had come by the railway from Hounslow,
where the balloon fell. Had not examined
the horses very carefully, but believed them to
be in good health. Thought if they were brought
to him as a veterinary surgeon, notwithstanding the
compression of the abdominal viscera and the conges-
tion cf bloodvessels in the hinder extremities, and the
extravasatiou of the peritonreum, he should certify
that they were in good health. The compression and
congestion of the bloodvessels would injure only for a
time ; as soon as the cause was removed they would
resume their pristine form. He did not know that
the natural instinct of au animal prevented its going
willingly to any place where it was illused, or where
it was in dread.
Mr. ARNOLD inquired whether M. Poitevin's ponies
were blinded to make the ascents ? Witness replied
in the negative. He admitted that he spent the Sun-
day evenires after the ascent with Mr. Simpson as a
friend ; and' that at that time he was watching the
proceedings connected with the ballooning on the
pert of the society. A Mr. Smith had come to him on
Tnursday before to tell him to do so. He was watch-
ing on the 26th, and met Mr. Simpson in the grounds
and thought he shook hands with him. On the score
of humanity witness did not know whether he should
take anything from the Animals Friend Society for
his trouble. Had not been told he should be paid for
his trouble, but knew he should, if he pleased.
Police-sergeant Underhill, 6 V, deposed to being
present at the descent of the balloon at Wimbledon-
park, and was about to proceed, when—
Mr. Lewis wished to know whether the magis-
trate's jurisdiction travelled with the balloon, as they
were suddenly transported to Wimbledon. For the
sake of argument a horse or human being might be
very well when they started from Cremorne, but
under ordinary circumstances might be unwell before
they got so far.
Mr. ARNOLD thought the person who took the
animal up with the balloon would be liable.
Sergeant Underhill continued—He was about 250
yards off when the balloon descended, and first saw
it swinging to and fro with ten or a do zen persons
round it, who had come to assist the aeronaut. He
saw two men run up and lay hold of the horse's head.
Witness passed his hand over the horse, and it felt
very hot. The perspiration was dripping down its
shoulders, but the horse stood perfectly quiet. His
eyes appeared wild, and like a horse that had run away.
In cross-examination witness admitted that he had
not had much to do with horses. M. Poitevin's pony
was not so warm as he had seen many horses. Had
seen them going up Holborn-hill considerably more
heated. Witness made no report of cruelty on this
case to the commissioners, nor could he say that any
act of cruelty had been practised on it.
Sergeant Daley, 33 V, gave confirmatory testi-
mony in some respects, but he was not up until a few
minutes after his brother constable.
The case for the prosecution being closed,
Mr. Lewis addressed the Bench at very consider-
able length, and with his usual ability. He stated
that, whatever the result of this inquiry might be, it
was not Mr. Simpson's intention that this exhibition
should be repeated, and, had he received the slightest
ietimation from the Bench that it was for a moment
objected to, it would not have been continued ; but,
notwithstanding his future intention, he felt it a
duty to himself, and to those who were with him
in this transaction, to court the fullest investigation,
and to receive the magistrate's opinion upon his
conduct.
M. Poitevin was then called, and, having been
cautioned by the Magistrate that by the law of this
ccuntry he was liable to three months' imprisonment
if convicted upon this charge, and need not answer
any question that might criminate himself, said he
had had one horse three years and the other four
or five. One hAcl gone up 100, the other 150 tbneo,