His Lordship asked whether prisoner would consent to have the animal destroyed. Prisoner was understood to reply that that was impossible for physical reasons which none could regret more deeply than himself.
Great excitement was created at this point by prisoner kicking out the back and sides of the dock, and hurling the usher into the gallery; prisoner, however, having apologized and expressed his belief that the incident had been occasioned by a horsefly, the matter was allowed to drop.
"KICKING THE USHER INTO THE GALLERY."
The judge, having retired for an hour to consider his action in the matter, stated that he considered it his duty, while severely deploring the murderous proclivities of the prisoner and regretting that the disagreement of the jury prevented him passing the capital sentence, to exonerate the accused from any intention to permit the animal to do grievous bodily harm, and recommended the keeping of it under proper surveillance.
Prisoner having undertaken to lash his equine-part within an inch of its life, his lordship remarked that he could not sanction any proceedings involving cruelty to the lower animals. Prisoner was then discharged.
Andrew P. Hay was plunged in profound misery. The disgrace and exposure of the whole proceedings, the degradation of his self-respect, cast over him a hopeless gloom. For hours he sat on his haunches, his face hidden in his hands, while scalding tears trickled between his fingers: then he suddenly arose, and kicked the villa to fragments.
At length his calmness returned, and he sat down to think the thing out. The exposure had come—why should he not turn it to good account?