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Taunton Courier, and Western Advertiser Wednesday 07 Jul 1858
Page 6 Column 5
MAGISTERIAL.
July 3.
Magistrates: R. M. KING, J. R. ALLEN, and F. W. NEWTON, Esquires; and the Rev. W. J. ALLEN.
CHARGE OF CRUELTY TO AN ASS.
Octavius Gardner WALTER, Esq., of Wilton, solicitor, was summoned for unlawfully and cruelly beating and ill-treating an ass, the property of James OATEN, at Bishop's Hull, on the 28th June last. Mr. TAUNTON, solicitor, appeared to support the charge on behalf of the “Taunton and West Somerset Society for the Prevention of Cruelty to Animals.” - The defendant said, to avoid going into the case he would plead guilty to the charge, and any sum the magistrates thought necessary should be paid he should be happy to hand over to the poor box. The Bench would perhaps permit him to make a few remarks? - Mr. KING: We must hear the evidence first. - Mr. WALTER said he would abstain from making the observations he intended, and plead guilty. - Mr. TAUNTON remarked that he felt much pained and grieved in having to appear in the discharge of his duty before the magistrates in this case. He had great pleasure in publicly acknowledging the uniform courtesy and kindness he had invariably received from the practising solicitors in Taunton,since he had been resident here, and of course in that observation he included the present defendant Mr. WALTER. In bringing forward this complaint he had experienced a great conflict between his own private feelings and his public duty; and he might state – which he did most conscientiously – that he had nothing whatever to do with the origin of the case. The magistrates would no doubt recollect that it was only last week a poor man of the name of STONE was convicted for a similar offence, when the Bench were pleased to express their thanks to him for bringing such cases to justice. Now the mother of STONE had been a client of his (Mr. TAUNTON's), and application was made to him on the part of the then defendant to stay proceedings in the case. To that appeal he gave a most distinct and indignant refusal, and in the present case he had from a sense of duty felt bound to take the same course. OATEN came to him in the first place with the donkey, and not being quite au fait himself in veterinary practice he sent the animal to Mr. CHANNON, and afterwards consulted two members of the committee of the society on whose behalf he now appeared. After that he sent OATEN to Mr. PINCHARD and one of their worships granted a summons against Mr. WALTER. Subsequent to the granting of the summons OATEN called upon him (Mr. TAUNTON) on two occasions to request he would withdraw the case, saying he did not like to proceed any further. But his public duty prevented his complying with that request. He should now merely deal with the facts of the case as they had come under his notice, and call witnesses to relate those facts to the Bench. He had felt it his duty not to make any distinction between the rich and the poor, and he hoped the magistrates would absolve him from anything like a charge of entertaining the slightest personal feeling in this case, having heard a rumour was in circulation in the neighbourhood that he (Mr. TAUNTON) was so actuated. If he had erred at all, he hoped the Bench would see that it was on the side of Justice. As the defendant had pleaded guilty the complainant would be satisfied if the magistrates imposed an ordinary fine, without the details of the case being gone into. - Mr. ALLEN: But we cannot tell what fine we ought to inflict, without hearing the evidence. - In answer to Mr. PINCHARD, the clerk, OATEN said he had not received anything from the defendant. - Mr. WALTER: But something has been offered him. - The circumstances of the case were then gone into as follows: - A witness named BROOMFIELD stated that he saw the defendant beating complainant's donkey in Mr WALTER's brick-yard; he had a hunting-whip in his hand, and was trying to make the animal jump over the gate. The donkey got its hind leg entangled in the bars of the gate, and defendant continued to beat it until the donkey got its leg out and ran home. - James OATEN, the complainant said, on Sunday he put his ass into a lane near the residence of Mr. WALTER, where donkeys were allowed to run; he went to fetch it the next day, but could not fine it. He went home without it, and on going out again, he met the donkey coming towards his house. Somebody told him Mr. WALTER had been thrashing his donkey, and he then caught it and took it to Mr. WALTER's. The poor thing had marks all over its body, and a bad cut near the shoulder, from which blood flowed; Mr. WALTER told him “he did not intend to do it; and he was very sorry he struck it so hard.” He then offered witness some brandy to apply to the cut, but he declined it, and said he intended to rub in some oils. He was accustomed to let his donkey to hire, and he was unable to work it on the Monday or Tuesday. - Mr. CHANNON, veterinary surgeon, said, he examined the donkey, and found it much cut about; he thought it must have been laid up two or three days, from the injury it had received. He should not make any charge for his attendance upon it. - In reply to the magistrates, the complainant said he was in the habit of earning 4s. a-day with the donkey. - The defendant said, he could show that the animal did work on the Tuesday. - Complainant replied it might have been in harness, but it did no work. - The defendant said, he found the animal trespassing in his yard which opened into a garden, and the tenant of this garden having frequently complained of the damage done, he took a whip and tried to drive it out. The donkey went up to the gate and tried to jump over, and in doing so, caught its leg in the bars; he then gave it a cut with the whip, and drove it in the direction of OATEN's house. OATEN afterwards came to him, as he had stated, and he told the complainant he was sorry, and had no intention of striking it so hard, but merely wished to drive the donkey home instead of being so unneighbourly as to impound it. He offered the man compensation, but he said he did not want it. Mr. WALTER produced the whip he used, and said he acknowledged having struck the donkey harder than he intended, and he then had no idea of standing before the Bench in that unpleasant position. - The magistrates ordered Mr. WALTER to pay a fine of 6d.; with 12s. Compensation to the owner of the donkey, and the costs – in all £1.
[Since the foregoing report was in type, Mr. WALTER has sent us the following explanation:- Finding a neighbour's donkey in an enclosure of his which was partly used as a garden (the gate and other fences being sound and the gate locked), he took a light hunting-whip and flogged him out and towards his owner's home, rather than take a more hostile course with a neighbour by sending the animal to the pound. He confessed to having used the whip more severely than he was at the time aware of doing, and for which he immediately afterwards expressed to the owner his sincere regret, and offered compensation. The Bench seeing this and being obliged to impose some fine, as he pleaded “guilty,” ordered that a fine of sixpence be paid, also 12s to the owner for loss of time, and 7s 6d for expenses. Mr. WALTER adds, that it would never have come before the Bench at all, had not the owner of the animal been prevented by others from withdrawing from the case, which he expressed much regret at having ever commenced.]
Charles BURGESS, labourer, was charged with having contracted to serve Mr. John DOWNEY, farmer, of Creech St. Michael, by the week as a farm labourer, and after entering into such service did absent himself before the completion of his contract. Defendant, who was apprehended at Wookey, near Wells, by P.C. COOKE, under a warrant, stated that he gave a week's notice to leave before he went away, but that was denied by Mr. DOWNEY and his brother. As a conviction must have involved the committal of the defendant to prison, the complainant did not press the case so far against him, and he was therefore liberated on payment of the costs.
On the application of P.C. Abraham GRAY, the Bench assessed the damages and costs in the impounding and disposal of a donkey found straying on the highways in the parish of North Curry, and for which no owner had been found.
July 6.
Magistrate: J. H. KINGLAKE, Esq., M.D.
John SMITH and Noah SMITH, two lads from Bridgwater, were brought up charged with stealing thirteen ducks, the property of Mrs. Jan DARE, of North Curry. The prisoners were remanded till Saturday.
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