586 EXTRAORDINARY IiALLOON ASCENT. 
injured. Two others (Ilall and Gillingham) gave it as their 
opinion that the animal could not have suffered the least 
and assuredly the facts in the case hear out the latter opinion , as 
after 150 ascents, the horse is in perfect health and condi¬ 
tion. As to the influence of fear, the evidence is more 
doubtful. The sweat and wildness of the horse spoken of by 
one witness, would seem to show that he was under the in¬ 
fluence of great nervous excitement; but the wildness was 
not noticed by another witness who saw the descent, and the 
sweat seems to be explained by the fact stated, that it was 
an unusually close evening : one of the witnesses, a veterinary 
surgeon, stating, that on that evening several horses in his 
stable had broken into a sweat without any other cause than 
the sultriness of the weather. I am bound to say, therefore, 
that it does not appear to me, that the animal suffered either 
from pain or fear on the occasion. I suggested, indeed, at the 
closing of the case, whether the placing an animal, without 
any paramount necessity, in a situation of risk where, in case 
of accident, it could not assist itself, was not an act of 
cruelty. To this it was answered, that it was, first, analogous 
to the slinging of horses already mentioned, or placing them 
in boxes on railways, an argument I consider I have already 
disposed of; and, secondly, that it could not be cruelty if no 
accident happened. But this is founded upon a misappre¬ 
hension of the point suggested, for the question is— whether 
the putting an animal to the risk of an accident is not an act of 
cruelty. I have no doubt myself, but that such an act is one of 
the most wanton cruelty; but I must also say, I do not think it 
is such an act of cruelty, as is within the intention of the Act 
of Parliament. The words of the Act are—“ If any person 
shall cruelly beat, ill-treat, over-drive, abuse, or torture any 
animal, 55 he shall be liable to a certain penalty, and these 
words, I think, contemplate acts of cruelty of a different 
character from those I have just mentioned. I cannot, how¬ 
ever, refrain from expressing my opinion,—an opinion of 
little value, if it were not, as I believe it to be, that of all 
reflecting men,— that all such exhibitions as the one under dis¬ 
cussion are highly inexpedient , and anything hut creditable , either 
to those who for the sake of lucre make them public, or to 
those who find pleasure in witnessing them. There cannot 
but be great risk attending them, without any corresponding 
good resulting from them, and it is not creditable to any person 
to seek after profit or pleasure from exhibitions attended with such 
risk. Numbers of persons will also feel alarm and distress of 
mind at hearing or reading of such perilous risks, even 
though they may not witness them; and for that reason also, 
