The Sun.
London, England, 1825-07-27 00:00:00

CRUELTY TO ANIMALS.

111ARLBOROUGH.STREET.—David Lillywhitc, the driver
of the cart No. 109,236, belonging to T. Petit, a-Wandsworth
carrier, appeared yesterday at this office before Mr. DYER, the
Magistrate, on a summons to answer the complaint of Lord
Charlie Spencer Churchill; under Mr. Martin's Act, for wan- ,
ton cruelty to a horse, which he was driving in the said cart.
Lord Charles. Spencer Churchill, being sworn, stated, that
he resides at present at No. 55, in the Regent's-quadrant, but
on Saturday. last he resided in Margaret-street, Cavendish-
square ' • and about two o'clock on that day he was sitting at
the window of one of the front rooms, and heard the severe
blows of some weapon upon the body of some animal. He
immediately opened his window, and looking into the street,
saw the defendant beating the horse he was driving in a most
unmerciful manner with the handle of his whip, which had
no thong whatever attached to it. There appeared to be not
the slightest necessity for beating the animal at all, for he
was going on very steadily and quietly with his load; still
the defendant continued to strike hint in a most furious man-
ner the whole way along Margaret-street and into Portland-
street. So violent was the defendant's manner of flogging
the horse, that it attracted to the doors and windows all the
inhabitants of the street, who cried " shame" at his brit;
tality ; and at length such a crowd collected round him in
Portland-street, that he was obliged to stop for some time ;
indeed, the poor horse seemed in such agony, that he was
unable to proceed, but still the defendant continued to be-
labour him. Several persons asked, " Wuold no one take -the
number of the cart, and have the fellow punished ?" But
they all secmed to think too much of the time .they should lose
irt doing so. Be (Lord Charles) who' hal come out from his
house, and followed the defendant, said, ,that as he had some
time to spare, he would take the duty of punishing him upon
himself, and accordingly took' down the name and number of
the cart, and came direct to this office for a summons. Many
persons remonstrated with the defendant, and begged of him
to desist from his critelty ; but the only notice he took of
them was to say, that if they (lid not hold their tongues he
would serve them in the same manner. Hearing such replies
to the remonstrances of others, he (Lord Charles) said not a
word to the defendant, thinking it quite useless, but took down
the number of the cart at once. Several of the inhabitants of
the street said, that the defendant was in the habit of passing
that way almost daily, and of ill-treating his horse in the same
cruel manner.

dr. Dry: It here observed, that the latter circumstance, was
only hearsay he could not take it as part of his Lord Ship's
evidence of the offence charg,:d in the presmt information.
Mr. Richard Sutton, herald-painter, of No. 50, Margaret-
street, fully confirmed the evidence of clis Lordship; and said,
that before his Lordship came up, and a crowd had collected
round the cart in Portland-street, he, the witness, was examin-
ing the 'cart, for the number on it; when the defendants, in a
tone of ridicule, and in a jeering manner, offered him a pencil
to write it down, and behaved in a most insolent way mall who
spoke to WM. He (Mr. Sutton) never in his life, he said, saw
such unnecessary and wanton cruelty practised towards a poor
beast.

The defendant said, in his defence, that the horse was of such,
a stubborn temper, that without a great. deal of heating he
would not go on at all; and on this occasion he took it into his
head to go in a direction along the street, which, had he pur-
sued, he must have come against a gentleman's carriage that
stood on the curb-stone. The cause of his beating him with
the handle of the whip was, that some days ago the thong had
been broken off, and there had not since been time to have a
new one put to it.
Mr. DYER said, that this was no excuse whatever; be-
cause, if the horse was of such a disposition as was stated, he
should not be driven in a cart at all ; but while his owner thinks
fit to use him for such a purpose, he must not have him beaten
in this cruel manner.

A man who accompanied the defendant on the part of Mr.
Petit, who could not attend himself, said, that he had sold the
horse in question to Mr. Petit, and he really was of such a per-
verse maure that he would do nothing without being as the
person very unfeelingly culled it) " paid for his work"—that
is, severely beaten. The defendant, he said, had also been in
his service before he went to live with Mr. Petit, and a more
humane or kind man to animals, even to cats or dogs, he never
knew.

Mr. DYER said, that his conduct on this occasion, at all
events, was no great proof of his humanity. The charge at
present against him was so clearly proved, that there could be
no doubt of the offence having been committed against the Act
The extent of the penalty went as high as 51., but this being the
first offence charged against the defendant, he would mitigate
the penalty to 20s.
The defendant declared be could not pay the fine ; his wages
from Mr. Petit was only 'los. a week, and he had a wife and
children to support.
The Magistrate said, that in default of payment the defen-
dant must be committed to riard labour in the House of Cor-
rection.

_
When the defendant's commitment was :shout to he made
out, the man who accompanied hint on the part of Mr. Petit
paid the fine, with 3s. fid. costs.
The Al AGIST RATE said, that the costs must be paid hack to
Lord Charles Churchill, who had advanced them for the sum-
mons; brit his Lordship said that the Magistrate might dis.
pose of it to any charitys.his Lordship's only object being the
public good in making the complaint.

.A t. Stortford, the thermometer stood,
ohTuosday last, the 19th inst., at three. o'clock
p. pi., in 'the shade; with a northetri aspe,et, at
90 deg., • and op Sunday, !Ash
,at nine
o'clock p. m., hi the same place, at 46 dug.

:? -

•