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4 Our Dumb Animals 105 (1871-1872)

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                                         I  would not enter on my list of friends,
                                         Though graced with polished manners and fine sense,
                                         ret wanting sensibility, the man
                                         TVho needlessly sets foot upon a worm.-[Cowper.

Vol. 4.                                               BOSTON, JUNE, 1871.                                                                      No. 1.

   Our Dumb Animals.

             Published Monthly by the

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CHARLES A. CURRIER  . . . . . . . . . Special Agent

 Extract from a. phonographic report of a speech by Hon W.
 V.  RICE, District Attorney, t Worcester, November 1869.
   [The following opinions, coming from a high legal
 authority, will prove valuable to our agents and to
 others in determining the rights and liabilities of cor-
 porations in the transportation of stock.
   It is due that we should say that since above date,
the Boston  and  Albany Railroad Corporation have
lessenel the suffering of animals on their road by les-
sening the time from Albany to Brighton. But we still
believe there is much unnecessary cruelty on all the
roads, and will be until new methods  are adopted.
   The special cruelties referred to were the goading,
 punching and  other cruelties to cattle by persons,
 said to be employed by the drovers to have the care
 of the cattle between Albany and Brighton.
   Some of the suggestions of Mr. Rice are especially
 valuable just now when the subject of the inspection
 of meat is under consideration.-ED ]
   Gentlemen, it seems to me, from the brief considera-
lion I have been able to give this matter, that more
should  be done in regard  to the transportation of
cattle than is provided for by the law. I believe that
during the hot season of the year, provision should

be made that these cattle should have food and drink
certainly, and rest at least once while passing through
the State, oftener than is provided for by this act. I
believe, moreover, that there should be a State police
stationed at the places where these cattle are taken
off and slaughtered, who should see to it, that they
are kept and treated well and properly, and fed and
refreshed for some days before they are led to the
shambles.  [Applause.]  This, gentlemen, is for our
own  safety and good, as well as for that of the cattle.
I do not believe that they should be allowed to be
slaughtered immediately  they are taken from  the
cars.  I believe that every place of slaughter should
be guarded carefully by a police detailed for the pur-
pose, who should see to it that no animal is slaugh-
tered while in an infected condition, that the flesh of
these animals be kept out of the market altogether.
It seems  to me, gentlemen, that further provision
should be  made in  this direction beyond what has
already been provided.
  I have said, gentlemen, that no subject would re-
ceive a heartier and more sympathizing attention by
the juries of this county. And I said it understand-
ingly.  It was remarked to me by the gentleman who
preceded  me, in a little conversation which I had
with him a short time ago, that jurors would not con-
sider the sufferings of these dumb animals as they
would the sufferings of men. Well, gentlemen, per-
haps not as the sufferings of men, but they do consider
them;  and tell I you that no jury can be found in this
county from whom  I cannot obtain a verdict for any
act of cruelty committed upon a brute animal, unless
that jury believe that the acts complained of were
done for discipline, not in anger, and not exceeding
a proper and recognized limit of discipline. Let us
apply the law to the fullest extent. And wherever
and whenever  that statute is violated, I pledge myself
as a prosecuting officer of this Commonwealth to bring
that individal against whom information is furnished
before the grand jury, and if successful, then before
the petit jury and prosecute him, to conviction, be he
high or low, be it the richest corporation in the Com-
monwealth  or the poorest.
  Now  let us see with regard to railroad corporations
themselves.  This act does authorize, it seems to me,
the indictment of railroad corporations for the acts of
cruelty committed by their employds and their agents.
If you can find and furnish evidence that any agent
or employd of any railroad corporation treats animals
with  unnecessary cruelty, then, gentlemen, it seems

to me you have made  out a case against the railroad
corporation. And  when  such evidence can  be fur-
nished and  the officers of this city, gentlemen, are
bound to be on the alert to obtain evidence in regard
to any such complaint  as that-whenever  any such
evidence as that can be furnished, the company whose
agent or employd  is found guilty of these acts of
cruelty will be prosecuted.
                A  SPECIAL  CASE.
  Let  me  illustrate. There has been certain evi-
dence obtained by officers and gentlemen in regard
to acts of cruelty perpetrated in this city, the bare
mention of which  causes a thrill of horror to run
through all our veins. Now, gentlemen, if it could be
proved that those individuals were in the employ of
the road, that they were even authorized by the road
to be there, the road would be liable for those acts;
but if those individuals are unknown, if they are not
identified, if those acts are not brought to the knowl-
edge of some persons, who can be identified as having
some  connection with the road, or as having some
authority under the road, then, of course, gentlemen,
these acts cannot be brought home to the road.
  And,  therefore, I have told the police officers of
this city, wherever they find an individual treating
an  animal cruelly in the  cars, being transported
through this city, that if they follow my advice and
direction, so far as I am authorized to give it, they
will arrest that individual without warrant, and bring
him to the lock-up in the City Hall and place him on
trial before the Municipal Court for such act. And
if it can be found in the process of that trial that
that individual is in any way  connected with the
road, either as employ4 or as agent, or as being author-
ized by the road to use a car for the transportation of
cattle, I will put the evidence before the grand jury,
and obtain an indictment against the road itself if I
may  be able so to do. [Applause.]
   I say again let the officers, let the friends of this
movement   watch  at our railroad stations, let them
arrest upon the instant, without warrant, anf of these
infamous  and heartless scoundrels who perpetrate,
cowardly  and  brutally upon these animals, acts of
cruelty the mere relation of which is a shock to our
sensibility; let them arrest them without warrant,
and  let them be convicted and punished, and if they
can be traced home to the corporation, let us strike
the corporation. My  heart, and voice, and assistance,
so far as I can give it is with you in the accomplish-
ment  of this object.

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