f the ox were wont to push with his horn
in time past, and it hath been testified to his owner, and he hath not
kept him in, but that he hath killed a man or a woman; the ox shall be
stoned, and his owner also shall be put to death.'

"In the old English case of Smith vs. Pehal, 2 Strange, 1264, it was
said by the court: 'If a dog has once bit a man, and the owner having
notice thereof keeps the dog, and lets him go about or lie at his door,
an action will lie against him at the suit of a person who is bit,
though it happened by such person's treading on the dog's toes; for it
was owing to his not hanging the dog on the first notice. And the safety
of the king's subjects ought not afterwards to be endangered.' That is
sound law; but it is equally good law that 'if a person with full
knowledge of the evil propensities of an animal wantonly excites him or
voluntarily and unnecessarily puts himself in the way of such an animal
he would be adjudged to have brought the injury upon himself, and ought
not to be entitled to recover. In such a case it cannot be said in a
legal sense that the keeping of the animal, which is the gravamen of the
offense, produced the injury.'

"Now in the case at bar, first there is clearly no evidence that this
defendant knew or ever suspected that the dog Andrew was otherwise than
of a mild and gentle disposition. That is, there is no evidence whatever
of _scienter_. In fact, except in this single instance there is no
evidence that Andrew ever bit anybody. Thus, in the word of Holy Writ
the defendant Appleboy should be quit, and in the language of our own
courts he must be held harmless. Secondly, moreover, it appears that the
complainant deliberately put himself in the way of the dog Andrew, after
full warning. I move that the jury be directed to return a verdict of
not guilty."

"Motion granted," nodded Judge Witherspoon, burying his nose in his
handkerchief. "I hold that every dog is entitled to one bite."

"Gentlemen of the jury," chanted the clerk: "How say you? Do you find
the defendant guilty or not guilty?"

"Not guilty," returned the foreman eagerly, amid audible evidences of
satisfaction from the Abyssinian brother, the Baby's World editor and
the others. Mr. Appleboy clung to Tutt's hand, overcome by emotion.

"Adjourn court!" ordered the judge. Then he beckoned to Mr. Appleboy.
"Come up here!" he directed.

Timidly Mr. Appleboy approached the dais.

"Don't do it again!" remar