CRUELTY. As between husband and wife.
See LEGAL CRUELTY.
Cruelty towards weak and helpless persons takes place where a party bound to provide for and protect them either abuses them by whipping them unnecessarily, or by neglect ing to provide for them those necessaries which their helpless condition requires. Ex posing a person of tender years, under one's care, to the inclemency of the weather ; 2 Campb. 650 ; keeping such a child, unable to provide for himself, without adequate food ; 1 Leach 137 ; Russ. & R. 20 ; or an overseer neglecting to provide food and medical care to a pauper having urgent and immediate oc casion for them ; -Russ. & R. 46 ; are ex amples of this species of cruelty.
In many of the principal cities, beginning with New York, in April, 1875, societies for the prevention of cruelty to children have been formed, authorized to prosecute persons who maltreat children, or force them to pur sue improper and dangerous employments ; N. Y. Act of April 21, 1875 ; Delafield on Children, 1876. Stat. 42 & 43 Viet c. 34 reg ulates certain employments for children. By the act of Congress of February 13, 1885, the association for the prevention of cruelty to animals for the District of. Columbia, was authorized to extend its operation, under the name of the Washington Humane Socie ty, to the protection of children as well as animals from cruelty and abuse, and the agents of the society have power to prefer complaints for the violation of any law re lating to or affecting the protection of chil dren. They may also bring before the, court any child who is subjected to cruel treat ment, abuse or neglect, or any child under sixteen years of age found in a house of ill fame, and the court may commit such child to an orphan asylum or other public char itable institution, and any person wilfully or cruelly maltreating, or wrongfully employ ing 'such child, is liable to punishment. 23 Stat. L. 302.
Cruelty to animals is an indictable offence. A defendant was convicted of a misdemeanor for tying the tongue of a calf so near the root as to prevent its sucking, in order to sell the cow at a greater price, by giving to her udder the appearance of being full of milk while affording the calf all it needed ; Morris & Clark's Cases, 6 City H. Rec. (N. Y.) 62. A man may be indicted for cruelly beating his horse; U. S. v. Jackson, 4 Cra. C. C. 483, Fed. Cas. No. 15,453 ; 9 L. T. R. (N. S.) 175; Com. v. Lufkin, 7 Allen (Mass.) 579 ; 3 B. & S. 382 ; State v. Avery, 44 N. H. 392 ; Collier v. State, 4 Tex. App. 12 ; Ueeker v. State, 4 Tex. App. 234 ; State v. Bogardus, 4 Mo. App. 215 ; State v. Haley, 52 Mo. App. 520 ; Swartzbaugh v. People, 85 Ill. 457 ; Com. v. Curry, 150 Mass. 509, 23 N. E. 212 ; See Corn. v. McClellan, 101 Mass. 34; State v. Porter, 112 N. C. 887, 16 S. B. 915 ; Tinsley v. State (Tex.) 22 S. W. 39; or for cruel treatment of a hen ; State v. Neal, 120 N. C. 613, 27 S. E. 81, 58 Am. St. Rep. 810.
Under 12 and 13 Viet. c. 92, § 2, dishorn ing cattle is not an offence where the opera tion is skilfully performed; 16 Cox, Cr. Cas. 101. This practice is allowed in Pennsyl vania ; Act Pa. 1895, June 25, P. L. 286. In Massachusetts it was held that a fox is an animal in the sense of the statute, and a person letting loose a captive fox to be sub jected to unnecessary suffering (for the pur pose of being hunted by dogs) was liable to punishment ; Com. v. Turner, 145 Mass. 296, 14 N. E. 130.
Malice toward the owner is not an ingredi-• ent of the oiTense created by a statute pro viding for the punishment of every person who shall Wilfully and maliciously maim the horse of another ; People v. Tessmer, 171 Mich. 522, 41 L. R. A. (N. S.) 433, 137 N. W. 214.