Part 39

Davy hesitated. "Yes, sir."

There was a slight shuffling movement among the men crowded about. Somebody cleared his throat. Mr. Kirby resumed:

"This block you been tellin' about--how was it fastened to the dog?"

"There was a chain fastened to the block by a staple. The other end was fastened to the collar."

"How heavy do you think that block was?"

"About ten pound, I reckon."

"Five," broke in Old Man Thornycroft with a sneer.

Mr. Kirby turned to him. "You fetched it with you, didn't you? I told you to. It's evidence. Bob Kelley, go out to Mr. Thornycroft's buggy an' bring that block of wood into court."

The room was silent while the rural policeman was gone. Davy still stood in the cleared space before Mr. Kirby, his ragged overcoat on, his tattered hat in his hand, breathing fast, afraid to look at his mother. Everybody turned when Kelley came in with the block of wood. Everybody craned their necks to watch while, at the magistrate's order, Kelley weighed the block of wood on the store scales, which he put on the magistrate's table.

"Fo'teen punds," said Mr. Kirby. "Take the scales away."

"It had rubbed all the skin off'n the dog's neck," broke in Davy impulsively. "It was all raw an' bleedin'."

"Aw, that ain't so!" cried Thornycroft.

"Is the dog out there?" asked Mr. Kirby.

"Yes, sir, under the buggy."

"Bob Kelley, you go out an' bring that dog into court."

The rural policeman went out, and came back with the hound, who looked eagerly up from one face to the other, then, seeing Davy, came to him and stood against him, still looking around with that expression of melancholy on his face that a hound dog always wears except when he is in action.

"Bring the dog here, son!" commanded Mr. Kirby. He examined the raw place on the neck. "Any of you gentlemen care to take a look?" he asked.

"It was worse'n that," declared Davy, "till I rubbed vase-leen on it."

Old Man Thornycroft pushed forward, face quivering. "What's all this got to do with that boy stealin' that dog?" he demanded. "That's what I want to know--what's it got to do?"

"Mr. Thornycroft," said Kirby, "at nine o'clock this mornin' this place ceased to be Tom Belcher's sto', an' become a court of justice. Some things are seemly in a court, some not. You stand back there!"

The old man stepped back to the counter, and stood pulling his chin, his eyes running over the crowd of faces.

"Davy Allen," spoke Mr. Kirby, "you stand back there with your ma. Tom Belcher, make way for him. And, Tom, s'pose you put another stick of wood in that stove an' poke up the fire." He took off his glasses, blew on them, polished them with his handkerchief and readjusted them. Then, leaning back in his chair, he spoke.

"Gentlemen, from the beginnin' of time, as fur back as records go, a dog's been the friend, companion, an' protector of man. Folks say he come from the wolf, but that ain't no reflection on him, seein' that we come from monkeys ourselves; an' I believe, takin' all things into account, I'd as soon have a wolf for a ancestor as a monkey, an' a little ruther.

"Last night in the liberry of my old friend Judge Fowler in Greenville, I looked up some things about this dog question. I find that there have been some queer decisions handed down by the courts, showin' that the law does recognize the fact that a dog is different from other four-footed critters. For instance, it has been held that a dog has a right to protect not only his life but his dignity; that where a man worries a dog beyond what would be reasonable to expect any self-respectin' critter to stand, that dog has a right to bite that man, an' that man can't collect any damages--provided the bitin' is done at the time of the worryin' an' in sudden heat an' passion. That has been held in the courts, gentlemen. The law that holds for man holds for dogs.

"Another thing: If the engineer of a railroad train sees a cow or a horse or a sheep on the track, or a hog, he must stop the train or the road is liable for any damage done 'em. But if he sees a man walkin' along the track, he has a right to presume that the man, bein' a critter of more or less intelligence, will git off, an' he is not called on to stop under ordinary circumstances. The same thing holds true of a dog. The engineer has a right to presume that the dog, bein' a critter of intelligence, will get off the track. Here again the law is the same for dog an' man.

"But--if the engineer has reason to believe that the man's mind is took up with some object of an engrossin' nater, he is supposed to stop the train till the man comes to himself an' looks around. The same thing holds true of a dog. If the engineer has reason to suspect that the dog's mind is occupied with some engrossin' topic, he must stop the train. That case has been tested in this very state, where a dog was on the track settin' a covey of birds in the adjoinin' field. The railroad was held responsible for the death of that dog, because the engineer ought to have known by the action of the dog that his mind was on somethin' else beside railroad trains an' locomotives."

Again the magistrate spat into the cuspidor between his feet. Davy, still watching him, felt his mother's grip on his arm. Everyone was listening so closely that the whispered sneering comment of Old Man Thornycroft to the man next to him was audible, "What's all this got to do with the case?"

"The p'int I'm gettin' to is this," went on Mr. Kirby, not paying attention to him: "a dog is not like a cow or a horse or any four-footed 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.