The San Francisco call., 1904-08-06

Milton Rice, vegetable peddler, was
orlvlng horse that collided with a
cable car at Sutter street and Grant
avenue. The horse was killed and Mil
tonNRice was before Police Judge Ca
paniss yesterday morning on charge
Oh cruelty to animals. Half a dozen at
lorneys and about a score of witnesses,
including several policemen, were con-
cerned in the case, and the hearing
consumed an hour of the courts valu-
able working time. Then 1t was contin-
ued Tor two weeks. when more wit
nesses will be ready to testify.
According to the evidence for the
prosecution Milton Rice, seated upon
the wagon, whipped the horse most un-
mercifully While it was proceeding
down the declivity on Dupont street
which extends from Pine to Sutter. I'm
der the lash the animal, although aged
and somewhat decrepit, dashed along
so speedily that the driver was unable
TO check it when he tried to avoid the
fatal collision.
Contradictory of the foregoing was
the statement of Milton Rice himself,
corroborated by witnesses galore. Rice
stated that he had no whip on the oc-
casion referred to and that he did not
administer corporal punishment to the
horse, but orally urged ii onward to
keep 1T from being overtaken by the
wagon, which could not be stopped
from going down the hill of its own
accord because of a defective brake.
On the hat Pine
and Bush streets the vehicle bumped
along with increasing momentum un-
til it arrived at the asphaltum sur
race below, and there the horse started
sliding and continued to slide until
stopped by the car at Sutter street.
No, the horses name was not Kelly,
nor did Mr.. Rice know of any reason
why 1t should have been. OF one thing
he was absolutely positive, and that
was the absence of a whip from his
driving equipment. His employer
strictly prohibited the whipping of his
equine property. Nor was the slack Of
the reins utilized as a lash, because
the reins were not long enough to per-
nit of such use
Then came veterinary surgeon to
explain the pathological features of the
case. His post mortem examination of
the horse satisfied him that death was
directly attributable to the injuries in
htcted by the cable car, but he declined
to swear that other injuries that might
have resulted fatally had not been re-
ceived by the animal Immediately prior
to the collision. To the best of his be-
lief, however, based upon an extended
experience in the treatment of horses,
the beast in question did not die from
the effects of whipping.
At this point Of the proceedings the
Judge asked the chief prosecuting at
torney if the case were one of equity
and if the owners of the cable car were
liable to be dragged in as intervenors.
to which the attorney replied that as
the case had gone beyond his control
he did not dare predict what it might
evolve. Then spake the court.
so conflicting is the testimony" he
said, that only Solomon could hear
it and then form a logical conclusion.
If no evidence at all had been adduced
1 might be able to guess whether the
defendant did or did not whip the
horse, but the more witnesses 1 heard
the less capable 1 became of venturing
a just guess and now I'm utterly un-
able to even form conjecture. There
fore continuance for two weeks is
ordered and the next hearing will be
before Judge Fritz. who, with mind
refreshed by vacation and unconfused
by the evidence, should be able to
guess an honest decision right off the
reel"
In the meantime Rice is at large on
his own recognizance.
Sixteen-year-old Ruth Brown meekly