d
critter. He's a individual, an' so the courts have held him in spirit if
not in actual words. Now this court of mine here in Tom Belcher's sto'
ain't like other courts. I have to do the decidin' myself; I have to
interpret the true spirit of the law without technicalities an' quibbles
such as becloud it in other an' higher courts. An' I hold that since a
dog is _de facto_ an' _de jury_ an individual, he has a right to life,
liberty, an' the pursuit of happiness.
"Therefore, gentlemen, I hold that that hound dog, Buck, had a perfect
right to follow that boy, Davy Allen, there; an' I hold that Davy Allen
was not called on to drive that dog back, or interfere in any way with
that dog followin' him if the dog so chose. You've heard the evidence of
the boy. You know, an' I know, he has spoke the truth this day, an'
there ain't no evidence to the contrary. The boy did not entice the dog.
He even went down the road, leavin' him behind. He run back only when
the dog was in dire need an' chokin' to death. He wasn't called on to
put that block an' chain back on the dog. He couldn't help it if the dog
followed him. He no more stole that dog than I stole him. He's no more
of a thief than I am. I dismiss this case, Mr. Thornycroft, this case
you've brought against Davy Allen. I declare him innocent of the charge
of theft. I set it down right here on the records of this court."
"Davy!" gasped Mrs. Allen. "Davy!"
But, face working, eyes blazing, Old Man Thornycroft started forward,
and the dog, panting, shrank between boy and mother. "Jim Kirby!" cried
the old man, stopping for a moment in the cleared space. "You're
magistrate. What you say goes. But that dog thar--he's mine! He's my
property--mine by law!" He jerked a piece of rope out of his overcoat
pocket and came on toward the cowering dog. "Tom Belcher, Bob Kelley!
Stop that dog! He's mine!"
"Davy!" Mrs. Allen was holding the boy. "Don't--don't say anything.
You're free to go home. Your record's clear. The dog's his!"
"Hold on!" Mr. Kirby had risen from his chair. "You come back here, Mr.
Thornycroft. This court's not adjourned yet. If you don't get back, I'll
stick a fine to you for contempt you'll remember the rest of your days.
You stand where you are, sir! Right there! Don't move till I'm through!"
Quivering, the old man stood where he was. Mr. Kirby sat down, face
flushed, eyes blazing. "Punch up that fire, Tom Belcher," he said. "I
ain't through yet."
The
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