New Britain herald., 1926-09-11
DRIVER NOT GUILTY
 OF ABUSING HORSE
Judge filling Declares Witness
 for State Is Prejudiced

Charles A. Bence. local contractor, was discharged by Judge B. W. AL ling in police court this morning after long hearing on the charge of cruelty to a horse. He was repre- sented by Attorney P. r. McDon- ough, who contended that Morell was not guilty under the statute. Assistant Prosecuting Attorney w. M. Greenstein presented the states case. James Parker of the Humane So- ciety testified that the horse had raw sore beneath the collar on the shoulder. He happened to be pass ing the Roosevelt school grading job when he noticed the horse and he had 1t examined by. Dr. Cotton, veterinary, the next day. The wit ness admitted that the collar was rigged up in such a way as to relieve the pressure on the sore but in his opinion the rigging did not serve this purpose.
 Attorney McDonough subjected MT, Parker to a severe cross examination and had him admit that Dr. Cotton said the horse could work with Q certain rigging on the collar. At one point Judge filling said he realized that Mir. Parker was a prejudiced witness right off the bat"
 pr. Cotton described the condition of the horse when he examined 1t. N He had fibroid tumor on the right shoulder and the collar irritated it. Judge filling remarked that he M has had some experience with M horses and he has often worked M horses In the condition described. If M Dr. Cotton could show that a horse M would suffer from being worked in M this condition, the judge would like M 10 have him do so. Dr. Cotton re- N piled that without breast collar the horse would be in pain. The col M lar he was wearing when Dr. Col ton saw him would irritate the tu- | nor, he said.
 | The use of this collar on the 'umor would constitute cruelty. Dr Cotton said The horse is in need of an operation for removal of the tumor and he is surprised that the owner has not had the operation performed. Morell testified that he has been handling the horse in question for the past year. When Mir. Parker told him to take the horse off the job he did 80.
 His personal opinion is that a lit tle work was good for the horse The collar was rigged so as to re ieve the pressure on the horse: neck.
 Charles A. Bence, owner of thu horse, said the animal has had dis temper for some time and it's bloot is in poor condition. Some time agi Mr. Bence removed a boil from thi horses shoulder and the incisiol had apparently healed up. On ad wise of Dr. B. D. Radcliffe, loca veterinary, MT. Bence had the col lar rigged up to relieve the pres sure.
 Mir. Renee quoted Dr. Radcliffe a having advised him that work in tn open air would be preferable t, conining the horse to the barn. Tn horse has the habit of rubbing 1t self against the eide of the stal whether 1t Is in pain or not, h said.
 Attorney McDonough claimed Una the offense of cruelty to animals di' not exist in this case. The. hors has a sore and the owner is .hayln it treated AS soon as the Human Society ordered the horse taken of the work 1t was doing. Morell di so.
 Everything possible to relieve tn suffering has been done, the lawye said. There was no torture, n wanton cruelty as defined by statute Mir. McDonough contended.
 Judge filling read the statute un der which the prosecution wa brought, and remarked that his con ception of torture has always bee something more than exists In thi case. History records the unusus and extraordinary methods of tor ture employed in the middle age! lle said.
 The statute does not seem to ap ply to this case. The horse was lal LID a few days and when Mir. Par ker saw it on the job it seemed { be finching as though in pain. ye according ct MT. Renee and othe witnesses the horse always act that way when pained with tn mare on a wagon. Under the cll cumstances the judge said, More was entitled to discharge.
 GitIavitz Case Continued.
 The case of Hyman Gitlavit; charged with violation of the cit ordinance relative to curb gasolin pumps, was continued one weel Judge filling remarking that he un derstands 1t is necessary to give 3 days notice to the gasoline compan and MT. Gitlavitz has given the nc tice for removal of the pump.
 Drunken Driver Fined.
 Gustave Olson, aged 35, of 30 Bel dcu street. was charged with opera' inE an automobile while under th influence of liquor. According | Officers w. J. Mccarthy, Peter Skier kowski, and Sergeant Rival, he wa intoxicated and unfit to drive whe arrested about 2:2o this morning o South Main street.
 n. w. Chamberlain of Vega stree testified that he heard crash. O son was intoxicated as was Gustav Gustafson, aged fl, of 131 Belde street, who was with him, the wi ness said. According to the polio Olson admitted he was driving til pleasure car. In court he declined make a staten ent. p.r
 Gustafson said he and Olson wel in Meriden last night and had tw bottles of beer and one glass (