SOCIETIES FOB THE PREVENTION OF CRUELTY. 543 



A bequest for founding and upholding- an institution for 

 investigating, studying and curing maladies of quadrupeds 

 or birds, useful to man, and for providing a superintendent 

 or professor to give free lectures to the public, was held good 

 as a charitable legacy.^"^ 



A trust for the maintenance of particular horses and dogs 

 so long as they shall live is not invalid as a perpetuity, though 

 it is not a charity.^"^ 



125. Indictment for Cruelty — It is not sufficient to charge 

 in the indictment that the defendant did "knowingly torture" 

 an animal, in the absence of a statement of facts constituting 

 such torture.^"* But an indictment is sufficient that charges 

 "cruelly beating, bruising and wounding" a cow,'"^ or 

 "knowingly and wilfulljr suffering and permitting said dog to 

 be bitten, mangled and cruelly tortured by a certain other 

 dog"; ^•"' or "cruelly overdriving," without a more particular 

 statement of what constituted overdriving; ^'''' or "cruelly 

 beating a certain horse." "The word clearly includes both the 

 wilfulness and cruel temper of mind with which the act was 

 done, and the pain inflicted by the act. If the act were merely 

 accidental or did not give pain, it would not be cruel in the 

 ordinary sense of the word as applied to such an act." ^"^ So, 

 where the statute forbids cruelly driving a horse when unfit 

 for labor, the indictment may allege that the defendant did 

 "cruelly drive" the horse, without stating that he knew it to 

 be unfit for labor. "The word 'cruelly' . . . exhausts the re- 

 quirements of the statute, whatever they may be, with regard 



'"' Univ. of London z^. Yarrow, 23 Beav. 159, affirmed in i De G. & J. 72- 



™ Cooper-Dean v. Stevens, 41 Ch. D. 552. And see Mitford v. Rey- 

 nolds, 16 Sim. 105. 



"°* State V. Watkins, lOl N. C. 702; State v. Bruner, in Ind. 98. 



""Com. V. Whitman, 118 Mass. 458. 



""Com. V. Thornton, 113 Mass. 457. 



'" State V. Comfort, 22 Minn. 271. 



'" Com. V. McClellan, loi Mass. 34. And see Burgman v. State (Tex. 

 Cr.), 34 S. W. Rep. III. 



