HomeMy WebLinkAboutThe Goderich Signal-Star, 1971-09-02, Page 12ta
12' GODERICH SIGNAL -STAR, THURSDAY, SEPTEMBER 2, 1971
Dog sentenced...
Continued from Pate 1 v e t e r i n a r[ a`h at whose
youngster while the, Budny establishment the dog was
family resided on Church Street. impoupdeci. for two weeks, stid
Although the Budny daughter the dog was vicious in Ms
said she had no knowledge of n estimation.
this incident, both Mr. and Mrs. '" Raithby-explained that when
Budny, testified later that ',Rex Goderich's animal control
• had "nipped" a boy on, the arm .. _
In his summation after; five V •orffjcer Richard Eisler brought
the dog to him in the first place.,
o'clock Monday, Judge °Hays,•'' he told Eisler, he .did not`•I ave
said he found
imagine., haw
could"not have known a
. incident with the dog on
Street.
Judge Hays admitted th t he
.., ways:,`,`disturbed by her denial of
that incident, to some extent."
He said `yit may be that she
simply had forgotten or may not
have known" of the Church
Street incident, but he indicated
he was inclined to be somewhat
lest impressed by the Budny
girl's testimony regarding the
recent incident because of that
denial.
W. J. MacEwan Egener,
counsel for. the defence,
attempted to show that the dog
.,._was ,tormented by the Murray
children. He drew. testimony
from Mt" and Mrs'. ,Budny and .
their 1-1 'ear -old daughter, which
was that the 'Murray children
had thrown stories'at the animal
and teased him.
• Mrs. Budny said,the Chit; •was
kept inside the house on most
occasions to prevent such.
taunting by the 'Murray children.
'Mrs. Murray, hopever, • denied
her', children had- bothered ..the,
dog Rex
. �t`I refused to clean"'ou.t the "180 ,x 2 PLY„
defence"`caunsi tlt�Jt..,•,hr,,:•s..anu,„
cult to proper facilities to keep the
y girl animal. The big, dog was put into
ut the a cage which was later described
by Sharman to be 28" x .28"f' x
30" long.
Raithby- toll' the court he was -
visited the , ,rrext„ day by two
members of. -G'oderich Town
Council and later that same day,
arrangements were made fox the
dog to be put into a larger steel
cage. He said the arrangements
were to be temporary and noted
that when council made no
further changes' in the animal's
pen, he threatened to call the
Humane Society himself.
"But somebody beat me
it," said Dr. Raithby
He indicated that the
temperament of the dog could
have. been altel•ed by the
confined quarters but added that
a ' vicious nature is "purely
typical of a police dog.
"I don't trust thein," said Qr.
Raithby'. ."Whether that ' dog
'sensed fear iri»nie, 1 don't know.
Speaking- for myself, he was
vicious. Generally speaking,. I
think it is typical of the German
Shepherd, They're a one -owner'
dog. I pink" they're a good TissuE
me that this dog .is a potential
menace to children who are
simply doing what is normal for
children to do."
"It is just too"rnuch to, expect
that little children will conform
to some ideal stance that .will
not betray the fear that they
feel,". continued Judge Hays,,
discussing the apparent evidence
that the dog became more
-agg ressivi - when he sense ear in
a person.
„ Judge Hays made reference to
Defence Counsel's bid for a
"trial period" for the dog back
`home with his owners.
"No one could wish that
more than I do," said Judge
Hays, "but in ally the evidence
before me, 1 am of the opinion
that such would not be a
responsible cc�'rarse' and would be
exposing another child `o
another danger'. The family
could expend every effort to
keep the animal under control,
to but that would seem tome to be
almost' impossible at all times."
Judge Hays read the Act
covering this charge, which he
said was probably one
MODERN!
FACIAL
,p
;��1lt.w,l3udnv whcr agreed ��ith
amateur expert"' where dogs
were concerned,. said ° that
, although, the dog was trained to
be a pet it could be'possible,that
the- dog would try to protect a
member of' _ the family .. if
someone made an advance
toward one 'of them.
The Budnys insisted the dog
was not vicious and their
evidence was substantiated by
Inspector James Sharman of the
Humane Society, London, who
has been in charge of the dog
since last Thursday evening.
Sharman said that when the
dog was released'from the pen at
the pound in Goderich where it
was kept' for' two, weeks, it
"turned . about four'figures of
eight going across the lawn." He
said. the dog seemed friendly
enough to him at that time,
The- inspector testified that'
the dog got into the Hurkrane
Society's station wagon without
'zany special persuasion ,and that
- he had tied the dog by a rope in
•the•back ,of the wagon.
"I don't think he. even
tightened ' the rope during" the
trip," said Sharmon. : taken all reasonable precautions
'He said when he arrived iri" and had done everything
London with the animal, he led • possible to keep the animal. The
it into the kennels, fed gamily, he said, was, planning to,
watered it, and left it. During , move from their present address
the -weekend he visited the d og in .order to keep the Bola away
regularly, one time with . his from the Murray children. '
Seven-year-old soh. He said t•fiat "The situation is not serious
while the dog,' was what he .
„ , enough to ,war>;ant having the
would term `aggressive, it was dog destroyed," said Egener.
definitely not vicious. Crown • Attorney Cochrane
Judge Hays asked Sharm on to
urged the Judge togive"serious
define "aggressive." >>
"Not shy or a'iraid,'"' consideration". to having the dog
put to death.
answered Sharman, `won't "While it certainly appears
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dog because every time
woutd' go. near the pen he would,
lunge. ' continued Dr. Raithby.
Rjrjhard__ Eisler said that the
RudW, dog didn't 'seem vicious
as long a'. the Budnys were
present. '
• is • when., they're not
there," said Eisler. "I petted the
dog in he Budny house but I~
don't th�nk Fd want to pet it
alone."
Eisler said .' that ...._whep„he
piciked up he dog at the Budny'
home u on ' orders from
Goderich T wn Council,• the• dog
jumped at him: The Budnv
c hildren the , put the animal in
t he truck wit out any difficulty.
i kt the poun in the cage, the
inimal contr officer- said the
dogo 1 "showed' his teeth and
dr
Constable Tom Fortner Of
-the '° Goderich Town Polici
testified that as far as, he was
concerned, the dog was "very
friendly. 'He ' said he had
observed that the dog was well
behaved and well trained.
In addressing the court,
Egener said the Budnys had
F
9f
the
Town pound
Continued from Page 1 ,
was ever so happy to see the
Humane Society arrive as I^was."
Raithby' said that if the dog
was not properly cared for, it
was because he felt ghe dog was
vicious and he was afraid to
apprb;,r the animal. •
A ' o speaking in court
Monday about, the conditions at
the town dog -Mound, 'Inspector
-SI arm-o.n ..,r.said ,. they__ were
"deplorable". lie also testified
the dog was not vicious, only
aggressive.
John .Harlton, who has been
an inspector for the Animals For
shortest Acts in the provincial
statutes. He said the Act did not
provide for a second chance for
the dog if it was proven that the
animal had actually bitten
someone.
Judge Hays concluded by
saying that the dog, Rex, had
indeed bitten the Murray boy,
there had been a previous similar
incident and there was
likelihood that it could happen
again, He ordered the dog be
destroyed after a 30 day stay.
Research Act since May 1 of this
year, said that he has visited
Gpderich before on a "r gtilar
inspection basis". Harlton spent
Monday in -court in Goderich
awaiting the uu,tcome of the trial
regarding the Budny dog's fate,
"A municipal pound would
be ah advantage to the Town of
Goderich," Inspector Harlton
told the Signal—Star,'reporter at
court. "For a town this sizer a
hiunicipal pound -is- likely quite -
in need."
" Harlton would not be quoted
as stating that a municipal
pound could be built for about ,
;3,000, - but he ,did make
reference to one which was
erected in Northern Ontario for
about $800,• He indicated the
Lost of the. building 'would
depend to a, large extent upon
whether the project was done by
municipal workmen.
Inspector .Sharmon of the
Humane Society was at
Goderich Town • Council's
meeting last Thursday evening,
but did not speak with council
while members were in open
session..
Bluewater
concerned
Goderich Town Council at
last Thursday evening's regular
meetipg heard a letter from U'.A.
Boate, London secretary,
treasurer of;, the Bluewater Beach
Association.' .
The letter was addressed to
'Reeve Paul Carroll—but was
forwarded to council because of
its interest to• the community.
It readsas follows: .
4`I am' writing this letter on •
behalf of the Bluewater Beach
Property Owners' Association.
We are' an association of more
than 100 families whose lands
are situated 'in the Bluewater
Beach subdivision about one
mile 'south of Goderich on Lake ,
Huron.
"Pu'suant to the excellent
coverage given ,.in the.,August `
12th edition of The Signal Star
regarding the impending
Pollution of the Maitland River
and waters near its' mouth by,.the
town of Listowel' T, on behalf of
'ROYALE
PAPER
TOWELS
Belch residents
,about Maitland
the property owners mentioned,
solicit your aid to prevent this
catastrophe.
"Lik'e so many others, we at
Bluewater Beach value our clean
beaches and we- want these
beaches to remain safe, clean
beaches -far swimming for bath.'
children and adults now and in
the future.
• "Surely, what could become
a most deplorable situation, the
polluting of the waters of both
the ,' Maitland River and the
beaches along Lake Huron near
the mouth of the, Maitland,
could be . prevented rf sufficient
pressure, is put_'upon the
O.W.R.C. and , the town of
Listowel immediately:°
"Personally, ' I feel it is the
serious responsibility of an
individual of a corporate body
to plan for and carry out a
satisfactory disposal of its -raw
sewage in an intelligent way that
does not in any manner affect
.,Ill".i
KING SIZE
TIDE X -K
ecology dettimen.taily. Dumping ,-
raw sewage into a waterway is
NOT an intelligent way. Instead
it is indicative of rampant
ignorance, gross inconsideration,
and an outrageous lack of
responsibility • by those who
-should know better, and are in....._
charge of the handling of its
sew age faeilit�ies:
"May we, therefore, solicit
your support in preventing this'
• and ,,any future attempts by"
individuals, or municipalities to
pollute our precious waterways?'
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cower when it comes 'toward -there is no permanent injury,"
reasoned Judge Hays, "it would
be a terrifying experience for a
seven-year-old boy. All the other
evidence that, I, have referred"' to,
the earlier attack, does convince
you, has no fear, but it has no
reason to be vicious•eithe r.''
"jt didn't show any signs of
animosity ,or viciousnes s toward
me," said Sharmon. .
Dr. M. W. I I,aithby, "...
F'o�dmaster
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