Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-01-01
1T MAY BE A DEAR HUNT
INSTEAD OF A DEER HUNT,
GEE?
The Q. r. c. A. Is Not Going To A..
low The InfllctiOn of Patu For
The sake of Mere sport And
Amuse ment.

The sake of Mere sport And
Amusement.
The New Years deer hunt from kenil-
worth, arranged for this afternoon by
the Country club, will have an cvert in
the list not on the card. Acting under
information from President Ballard OF
the Society for the Prevention of Cruelty
to Animals, Constable X. F. Poor will
attend the meet and obtain the names
Of all persons who participate in the
chase. and the parties will be prosecuted
by the society.
A judicial Decision,
EDITOR THE CITzEN:-Will you please
publish again today the decision of the
Supreme court of the State in the case OF
State vs.. Porter. The Swan, ganoa
Country club has been requested by the
North Carolina Society for the Proven
ton of Cruelty to Animals, to desist
from the purpose of hunting a deer to be
let loose for the purpose today, as such
sport" is violation of the spirit and
letter Of the lands of this State against
cruelty to animals, as interpreted by the
decision referred to.
Walter S. CuShnan.
Secretary N. c. S. P. G. A.
Asheville, N. c., Ian. /.
Burwell, j.: The statute under which
the defendant is indicted is verv compre-
hensive in its terms. 1t forbids (code sec
ton 24s2) the wilful woundng. injuring
torturing and tormenting, and the need
less mutilation or killing of any useful
beast. foul or animal, and declares (sec-
ton 24S7) that any person who shall do
any act towards the furthcrancc Of an
act Of cruelty to any animal shall be
guilty OF a misdemeanor, and that the
words. torture, torment and cruelty shall
be held to include every act, omission and
neglect whereby injustihable physical
pain and suffering or death is caused or
permitted, and then. as il to emphasize
the prohibition by stating what is per-
mitted, it enacts that nothing in this
chapter shall be contrued as prohibiting
the lawful shooting of birds, dcerl and
other game for the purposes OF human
food"
As was said of similar statute in
commonwealth VS.. Turner 145-Mass ::
296: This act docs not require the allie
cation or proof of torture or cruelty,
except as in unnecessary suiferings
knowingly and wilfullv permitted. BY
the special verdict it is found that the
sufierings and death, for the permission
or infliction of which the defendant is
indicted, were so inflicted, "for amuse-
ment and sport" Mans desire tor
amusement and sport is no Justification
for the infiction OF suffering or death
upon any of the creatures protected by
the statute now under consideration. 1t
was enacted to protect the public morals,
which the commission of cruel and bar
barous acts tends tocorrupt. Common.
wealth Tvs. Turner, supra. Since its
enactment, it has been unlawful in the
State for man to crafty his angry
passions or his love for amusement and
sport at the cost of wounds and death
to any useful creatures over which he has
control. Knowing that men of intelli-
gence and refinement often differ as to
what constitutes cruelty in ones treat.
ment OF dumb creatures. the legislature
has seen fit to define that word, and also
the words, torture and torment, and has
thus made its intent very plain. Upon
the facts established by the special YER
dict, we think the defendant was properly
adjudged guilty. No error.