Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-09-14
CRUELTY TO ANIMALS.
Espinosa Tried by Jury for His Brutality
in the Twenty Mile Race.

Inc case or the state VS. Edwardo ESpln-
osa, charged with cruelty beating his
horses during the twenty mile race in
which he participated with Belle Cook on
Thursday last at the fair grounds, was
called before jury in the municipal court
yesterday afternoon. A. B. Ovitt appeared
for the state and Mr.. Merrick for the de-
Tense.
The court room was crowded to overflow
ing by spectators, and the interest taken
in the trial was unusually great.
Owing to the fact that the race and the
conduct of Espanosa which, is the basis of
the trial, was witnessed by many thousands
of people, who are anxious to know the
| result of the case, an abstract of the testi-
mony introduced is printed.
A. B. Ovitt opened the case by stating to
| the jury that the case was one of principle
rather than from any desire on the part
of the state to fine the defendant.
| A. NJ. Shuey was the first witness called.
| and testified as follows: Was present at
| the fair grounds at the time of the race.
Saw the defendant ride; saw him strike
horses.
Mr.. Merrick objected to the testimony
upon the ground that the complaint
charged that the defendant cruelty beat q
a horse, rot the eight horses ridden.
Mr.. Shuey could not describe the horses.
| The first three miles the defendant used
an ordinary riding whip which he lost.
Next time he came around ne had no whip,
but on the subsequent mile he had q cane
with which he struck each horse. Looked
as though he whipped the horses more for
display than for punishment Did not see
him strike the horses On the head at all
The cane was spEntered Or broomed ont at
the end when the race was finished.
| Gross Didn't think he used
q black snake whip, yet he might. Did not
see Espanosa use q whip in the latter end
of the race. Saw him strike every horse
he rode. Did not see any difference in the
action of the horses when they were being
whipped or when they were not.
| A. c. Jordan was next sworn. Saw the
defendant in the race with Belle Cook. Saw
when defendant mounted he at once used
whip literally; when he passed the judges
stand he used the whip again literally. On
| the third mile he lost his whip; rode mile
without q whip; next time he had cane
with which he struck the horses both back
and IN front of the saddle and on the neck.
One horse he struck at least one dozen
times, and should not be surprized if it
were two dozen blows. He appeared to
strike at times with al his strength. while
at other times the blows were light.
tie Upon the cross-examination the witness
0 stifed that he used whip similar to an
rdinary blacksnake but much smaller.
He was of the opinion that the horses
flesh was bruised and showed welts, to
which he (the witness) called attention at
| the time.
Dr.. e. S. Kelly testified that he witnessed
the race. Defendant first used whip
| The second time he passed the grand stand
he had cane, with which he struck the
horses.
C. Fl. Burton testified as follows: Saw
the race in question; saw the defendant
strike his horses, some of the time with q
whip and some of the time with a cane.
Saw him strike one horse great many
times in riding down the home
| stretch; struck before and behind the sad.
die; they were apparently high-spirited
horses.
j. Z. Lee was present and saw the race;
the defendant started in the race by whip
ping his horses; thought the whip used
had several thongs; used it very freely; he
1
snatched cane from bystander, with
which he beat his horse very vigorously;
judged the cane was broomed up at the
conclusion Of the race; the horses appear
ed spirited and ready to run, and acted
bewildered under the blows. Frederick
Brown saw the defendant whip the horse
over the head, but did not know with what
the blows were struck; thought the blows
were hard
John Street testified substantially the
same as did Mr.. Lee. He saw Espunosa
endeavor to take several whips from bug
gies along the line of the track as he rode
past The next time he rode past he held
in his hand what appeared to be the stock
of a driving whip with the end splintered.
He was using it vigorously upon the horse.
The horse was a sorrel.
r. L. Stillman noticed the defendant
whipping bay horse as he rode up the
home stretch. Didn't know whether it was
a whip or a cane he was using.
Ed. A. Stevens Yves the next witness. He
described the race. The defendant lost his
whip; he then secured a cane with which
he struck first on the right and then on the
left side, apparently with his full strength;
saw two of the defendants assistants-one
with q hand saw and the other with ham
mer-strike the buckskin horse, each with
the instrument he held in his hand; this
was the horse which Espanoza whipped
with most severity.
James w. Lawrence tetifed: Saw the
defendant strike the horse with the cane
about the shoulders and neck; he apparently
whipped the horse most on the home
stretch; it seemed more for display than
intention to injure or punish the horse;
had no doubt the horse ''bolted' while be-
ing whipped by the defendant.
Benjamin r. Ellis testified very positive
ly that the defendant beat one of the horses
with rattan cane, which was splintered at
the end from the blows he struck the
horse on head and neck. horse could
not be whipped as the witness judged with
out leaving marks.
This closed the case on the part of the
state, and the defendants attorney then
addressed the jury stating that the two
whips used in the race were those used in
riding by Misses Eckles and Myrtle Peek.
The one used by Miss Eckles was exhibited
to the jury and gave no indications of hard
usage.
Col. w. S. King, on the part of the de-
&c., Ell