The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-04-19
HE WOULD KILL OR CURE TRE THIRTY EXTRA DAYS
so SAID CUNNINGHAM OF HIS
GRAY MARE.
A Court Room Full of People Interested
in the Case are on Hand to Hear the
Trial.

Trial.
Decision was reserved by Judge Will
cox today in the case against William |
II. Cunningham charged with cruelty to
animals.
There were great expectations OF
lively time in the District court on the
trial of the Cunningham case, and the
court room was filled to it's capacity.
Few were disappointed The first part
of the testimony was dignified and quiet
enough. The witnesses testified simply
to what they saw and there was very
little ecross-eXmination. H. A. 1senberg
testified that he saw Cunningham try
ing to break the grey mare in question,
by driving her unattached to any We
hicle, on College street. She balked
and backed into a fence, and Cunning
ham lost his temper and whipped the
animal severely and cruelty, as he
thought. oliver Emerson testified to
seeing the animal in a paddock oppo-
site Mr.. Isenbergs house, checked up
very high, with ropes to the bit on each
side carried back taut to the circingle,
holding the animals head in a con-
strained position, so that when he saw
the animal she was resting her chin,
apparently in sheer WEAKNESS, on the
top rail of the fence at a point where
she had found where there was a de-
| preston in the ground that brought the
top rail to just the right height to
rest the chin on.
Miss Castle testified that she had
seen the animal in the same position
/ that Mr. Emerson described it. There
! she described the circngle as being
around the animals waist. George
Castle testified to seeing the animal at
! the same time that Miss Castle did,
\ and it's constrained position distressed
him. His first impulse was to uncheck
it, but the appliances used seemed to
him so unusual, and the position of the
| horses head so unnatural and different
| from anything he had ever seen that he
| concluded it must be a surgical appli-
/ ance of some veterinary surgeon, and
/ that therefore he ought not to meddle
with 1t until he found out more def
nitely it's purpose.
| Real interest in the case began when
Mrs. Craft of the Society for the Pre-
Vention of Cruelty to Animals, took the
| stand. Acting on numerous complaints
| that had come to her, she testified, she
asked Mr.. Cunningham to come down to
the deputy marshals office to see her.
There he admitted practically all that
! she had been told, but insisted that he
was doing it to break the mare of balk-
ing and other bad habits. She told him
that she was getting tired of having
| people telephone her the first thing In
the morning and the last thing at night
about the horse that was being tortur-
| ed so, and of stopping her on the stI eet
to compain about it, and she wanted
him to find some other means of break
! ing the horse; some means that were
not so cruel. He replied that the mare
was balky, stubborn and lacking COM
mon sense, and that he was going to
kill or cure her" When she told him
] oh oh 1Tnff oil f1na 80
complained of to continue without an
! appeal to the marshal and the law, he
replied that he would find some seclud-
ed spot where neither she nor the mar
shal would see it, and would carry out
his purpose to kill or cure. When she
spoke about the high checking he in
dulged in, he replied that he did do
pretty high checking, and that he had
this animal checked so high that her
eyes were turned toward Venus
Mrs. Craft further testified that Gun
ningham told her he had left the mare
checked up and attached to vehicle
all night, she thought he said, at Owen
Hollis.
Cunningham took the stand in his
own behalf and told the history of the
mare from the time he had first begun
to try and break her of her bad habits.
First he had checked her up as the
other witnesses had described, only it
seemed to think made 1t regular" He
had kept the animal in this harness for
two or three hours at a time twice a
day for two or three days and then
he had tried to drive her. This exper-
, ience was a succession of misadven-
lures in which the mare had kept up a
course of backing into the whitewash
barrel and flower pots, which engen-
dered quarrels between himself and his
wife, the mares conduct ending in her
|. sitting down on Mr.. Isenberg's fence,
when the Outburst of temper Mr.. Isen-
berg had described took place, although
even that, though severe, was not cruel.
According TO Mr.. Cunningham the
"bitting harness" WIS used with the
most humane ideas to break the mare of
the habit of tossing her head up and
? down, which, when in the harness. had
/ the effect of making her neck sore The
'bitting harness" also had the effect
of making the mare "bridle- wise"
He admitted that most of what Mrs
Craft had testified as to their inter-
: view was correct except that he had
said "North Star" instead of Venus,
and that ii was not he who had left
the mare all night attached to wagon
but a man who was assisting him in his
humane efforts to break the mare, and
also that it was at William Holt's, and
not at owen Hollis. More than that
he considered that 1t was more humane
to let the animal roam about in the
: sun checked up, than to keep her in q
stall, as she had more opportunity tC
move about. In fact, he thought that
to check her up that way in stall
would be positively cruel.
The expert testimony of Drs. Monsar
rat Rowatt and Shaw, was INTRODUCED
to show that the appliances used were
all the ordinary appliances used II
horse breaking. though all admitted
that they might be made appliances O
cruelty.
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