ndrew," hazarded Tutt, "and
maybe declare him forfeited to somebody as a deodand."
"Deodand means 'given to God,'" explained Mr. Tutt.
"Well, I'd give Andrew to God--if God would take him," declared Tutt
devoutly.
"But who is Andrew?" asked Mr. Tutt.
"Andrew is a dog," said Tutt, "who bit one Tunnygate, and now the Grand
Jury have indicted not the dog, as it is clear from your historical
disquisition they should have done, but the dog's owner, Mr. Enoch
Appleboy."
"What for?"
"Assault in the second degree with a dangerous weapon."
"What was the weapon?" inquired Mr. Tutt simply.
"The dog."
"What are you talking about?" cried Mr. Tutt. "What nonsense!"
"Yes, it is nonsense!" agreed Tutt. "But they've done it all the same.
Read it for yourself!" And he handed Mr. Tutt the indictment.
* * * * *
"The Grand Jury of the County of New York by this indictment accuse
Enoch Appleboy of the crime of assault in the second degree, committed
as follows:
"Said Enoch Appleboy, late of the Borough of Bronx, City and County
aforesaid, on the 21st day of July, in the year of our Lord one
thousand nine hundred and fifteen, at the Borough and County aforesaid,
with force and arms in and upon one Herman Tunnygate, in the peace of
the State and People then and there being, feloniously did willfully and
wrongfully make an assault in and upon the legs and body of him the said
Herman Tunnygate, by means of a certain dangerous weapon, to wit: one
dog, of the form, style and breed known as 'bull,' being of the name of
'Andrew,' then and there being within control of the said Enoch
Appleboy, which said dog, being of the name of 'Andrew,' the said Enoch
Appleboy did then and there feloniously, willfully and wrongfully
incite, provoke, and encourage, then and there being, to bite him, the
said Herman Tunnygate, by means whereof said dog 'Andrew' did then and
there grievously bite the said Herman Tunnygate in and upon the legs and
body of him, the said Herman Tunnygate, and the said Enoch Appleboy thus
then and there feloniously did willfully and wrongfully cut, tear,
lacerate and bruise, and did then and there by the means of the dog
'Andrew' aforesaid feloniously, willfully and wrongfully inflict
grievous bodily harm upon the said Herman Tunnygate, against the form of
the statute in such case made and provided, and against the peace of the
People of the State of New York and their dignity.
|