Middletown transcript., 1893-05-13
4 cRrEL. DRIVER.
Tcken to Court for Running a VAL
liable Animal In Delaware City.


T63ken to Court for Rnining VAL
uable Animal In Delaware City.
The case Of the State vs.. Samuel Fellhel-
ner, charged with careiessly and negligently
driving horse, has furnished an interest
ing topic this week. The case was called on
Wednesday.
Frank Phillips, liveryman of Delaware
City, testified that he hired the mare to
Fellhelmer, March 10Th, to drive to Town
send The witness said that when the
: horse was returned to his stable she was
absolutely exhausted and blood was ooZing
out Of spot on the hip where the driver
had cruelty lashed the animal with whip.
The horse was practically valueless by reason
of the severe drive. II had been valued at
500 and was worth $5 a week to the
owner as IA livery mare prior to her cruel
treatment
II, reply to the questions Of Mr. Conrad
witness stated that Fellheimer hired the
horse ostensibly to go to Odeesa, but he had
driven to Fieldsboro and Townsend before
returning.
John Murphy testified that thu mare was
exhausted when Fellhelmer returned her
to the stable and blood was dripping from
her flahks.
Thomas Vail is veterinarian at Delaware
City. The witness saw the mare after she
DeE1 L
W 8 exhaus ed, He saw blood oozing out
of the mares hanks He said the animal
was worth S1O0 before she had been driven
by Felhelme-. He wouldn't. give 50 for
her now.
Major w. E. Reybold, of Delaware City,
testifled that he aw the mare after Fellhei-
mer had driven her aud she was exhausted
In opening for the defence, Mr.. Conrad
stated that the only material witness would
be the defendant himself
Before hearing testimony the case was
laid over until afternoon.
: For the defence the defendant Samuel
Fellheimer, was called to the stand in the
afternoon. He testified that he left Della
ware City about s As and reached Odessa
between IL and II 80. Thence he drove to
Eieldsboro, to Townsend and returned to
Delaware City: The horse drove kind O.
Slow He reached Delaware City about 8
o'clock On the return trip the horse seemed
tired and he rested her. The animal ap-
peared to be stiff when he started out. The
horse fell once. The roads were in the
worst condition he had ever seen them. He
walked some of the distance. He offered
to pay Phillips for the hire of the horse,
but Phillips said he could settle some other
time
On cross examination he said he was
muddy when he got back, owing to having
walked; his grip which remained in the
carriage was muddy also. owing to the mud
thrown by the wheels. He denied that he
told Phillips that he was going only to
Odessa. He admitted using the whip when
he started out He rested the horse several
times on the return trip. He wanted to get
back to Delaware City to catch the 4.30
train.
Both sides resting Mr.. Heisel spoke briefly
to the court and then addressed the jury.
Reviewing the testimony he brought the
time of driving thirty-four miles to five
hours and said that with the roads in such
condition horse owners knew that no
horse could do ii without being injured.
Mr.. Conrad in addressing the jury said he
thought his client had in some measure
used more force than necessary. 1t the
roads had been good and the horse good
nothing would have happened. He made
the average driving between four and five
miles an hour
The case went to the jury with brief
charge, and in ten minutes a verdict OF
guilty was rendered.
Fellheimer was sentenced to pay $3.50 fine
and the costs. The fine will go to the owner
Of the horse. Chief Justice Lore said that
the verdict was right, the prisoner having
cruelty treated the beast. The costs are con.
siderable. Phillips is reported to have Of
fered to settle for 800.