Mexborough & Swinton Times – Saturday 04 June 1904
Cruelty To A Horse At New Conisbro’.
Charles Smith, a butcher, of Bentley, was summoned for working a horse in an unfit state at New Conisbro’, on May 21st. Thomas Brookfield, a farmer, of Bentley, was summoned for causing the horse to be worked.
Mr. Allen defended.
P.S. Hortar said that on Thursday, the 19th inst., at 2-40 p.m., he was on duty in Denaby road, New Conisbro’, when he saw the defendant Smith, who was driving a brown mare, attached to a butcher’s waggon. He noticed the mare was dead lame on the off fore limb. As soon as Smith saw witness he stopped, and after waiting about five minutes he went higher up the street.
Witness drew his attention to the lameness of the mare, which was practically going on three legs. In answer to witness, defendant said: “Yes, she’s sprained herself in one of these streets, but she was alright when I set off this morning.” Witness examined the mare, and found a large sand crack on the off fore-feet, extending from the toe to the top of the hoof. The hoof was hot, and the mare was afraid to allow anyone to touch it, and appeared to be in very great pain. He told the defendant that she was suffering from a sand crack, and not from a sprain, and that “could not come on in a day.” He again replied that she was alright when he left home that morning. He advised him to take her to the Red Lion Hotel, where he stalled her, and she was examined by Mr. Thompson, veterinary surgeon, the following morning.
P.C. Duffin said he visited the stables in company with the sergeant. She was very lame then.
In reply to Mr. Allen, witness said the leg appeared to be smashed up altogether, and the mare was suffering from an old-standing sprain.
Supt. Blake said on the morning of the 20th he went with Mr. Thompson, veterinary surgeon, to examine the horse. He had the horse brought on to the highway, and she was very lame on the off fore-leg, coming from an old-standing sprain. The hoof was cracked from the top to the bottom. The mare was thoroughly unfit to work.
In answer to Mr. Allen, he was firmly of the opinion that the sprain could not have been caused that morning.
Mr. Thompson, the veterinary surgeon, of Doncaster, gave similar evidence. The horse had a good deal of difficulty in turning round in the stable, and was extremely lame on the off fore-leg. It was due in his opinion to an old sprain. There was an extensive sand crack running from the top to the bottom of the hoof, and was, no doubt, suffering great pain.
In answer to Mr. Allen, it was impossible to have sprained the foot that morning.
The Bench retired at this stage of the proceedings to examine the horse outside the Court.
Mr. Allen, for the defence, argued that when the mare left home that morning she was in good condition, and not lame at all. She must have developed a sprain during the morning.
Thomas Brookfield, farmer and cattle dealer, of Bentley, said that when the horse left home on the date in question she was alright. He had had it 12 months, and it had never shown any signs of lameness.
Thomas Moore, a butcher, in the employ of defendant, said he saw the mare on the morning in question. She was in a sound condition then.
Charles Smith, the other defendant, a butcher in the employ of Brookfield, gave corroborative evidence.
Mr. Gillespie, a veterinary surgeon, of Doncaster, said he thought there was no sprain at all. He was of opinion that the limb was in a bruised condition. The lameness might develop suddenly. He had not seen the mare until that morning.
The Chairman said the Bench did not consider it was a very serious offence, but there was no doubt that the horse was lame.
Smith would have to pay the costs, 13s., and Brookfield 40s., including the costs.