The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-21
OPINION OF BICKERToN AND DOLE, J. J.
BY DOLE, ].

OPINION OF BIcKERToN AND DOLE, J. J..
BY DOLE, j.
We adopt the statement of the
case from the opinion of the other
two Justices, from whose conclu-
sions, however, as to the law of the
case we disagree.
The charge of the presiding JUS
tice to the jury, that in order to
hold the infant defendant they must
find the injury to the animal to have
been willfully and Intentionally
committed, but that they might find
the willful intent from the surround
ing circumstances and not necessari-
ly from declarations, none such hav-
ing been proved" was undoubtedly
correct.
We find the following testimony,
bearing on the injurious treatment
of the horse, in the statement of evil
dence of the bill of exceptions.
Very free horse; was about me-
dunn on the bit; would pull on the
bit some; was fit for lady. (By s.
I. Shaw, one of the plaintiffs.)
was there when (horse) came in,
7:30 P. M; was in very exhausted
condition; sweaty all over. He
walked when he came in as If ex-
hausted; he hung his head. AS
soon as he got in the stall he lay
down. He got up in little while
and lay down again. Would not
take water; ate little manienie the
next day. His mouth was dry when
he came in. Defendant had had the
horse several times before; defen-
dant has got horses from five or six
times during two or three months
previous to that date. (ByJ. Shawl
Am night Waterman at Hawaiian
Hotel Stables; recollect when the
horse came in; came in about six /;
I noticed the horse was very tired ;
something the matter with him: not
there over q minute when he lay
down. Horse breathed hard; would
not eat; would drink a swallow or
two. Mouth was very dry when l
washed it out. by j. w. Skinner
Am veterinary surgeon; saw the
horse Sunday evening. He was in a
state of great exhaustion; remained
so until he died. Saw him between
6 and $50; was in q box stall breath
ing rapidly; tongue very parched !;
pulse rapid and weak. / considered
it q case of over-exertion; no symp-
toms of laundering. Foundering
comes from q hard drive on hard
road, and being fed or watered be-
fore being cooled off. First symp-
tom of laundering is stiffening of
gait; high fever, rapid breathing, a
dry mouth is a symptom of fever in
horse. A rapid pulse is also a
symptom of fever. Horses may live
for few days if over-exertion is the
cause of death. They often drop
dead. The pulse was very rapid and
very weak. Horse forty-five to fifty
pulse per minute. Young animals
pulse more rapid. This horses
pulse was over seventy at the time.
I believe his bowels were paralyzed.
His spine seemed to be affected. In
my opinion he died from over driv.
ing. The night Waterman pointed
out several whip marks, and don't
know how many, more than one
(By A. r. Rowat.
Saw horse brought back tired; al
most fell down. (By Tom King.)
Received horse at my house after
2P. NJ; my residence is at Kewalo
Condition of horse was then some
what heated up. Asked boy who
fetched horse if he had driven il
hard. I asked him because I saw
horses mouth was full of froth.
drove out to Waikiki with my sister
After that / drove home and wa
there about fifteen minutes; theme,
went to ice-cream parlors and Il
Waikiki again. Picked up Ed. Stiles
on the way. On return went up Il
Sam Ladd's; was there about tel
minutes. Thence to Judd stree
down Liliha street to School stree
and then drove up to slaughte
house at Kalihi. From there out t
Kapiolani Park and back to house
When first went out to waikiki
horse was full of froth. Went HON
and rubbed it down, after which
became all right. l was eigh
cen last October. When M
Stiles jumped on let him driv
We were all talking and laughir
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