New-York daily tribune., 1858-06-30

pri-otet "a tre Tcnih-.
Rssrcot !, an @ e., der and has been three tin -
arrested ooAs - atd soote.cei by Ju-tce Bresn 40
10 escn Istsnce kcseve-. the fxecat,oo Of the SEQ
tel o- said bsve been suspended, and as prisoner
permitted 70 40 81 lSge.
SrE.1Is6 DoG-Is A Doc PROPERTY :--Yeet-r-
dsy norr ng as Peter Cash OF No. Iii W-st For.
t,tb stree. p.ssrg through tt- Seventh avsous-
le.3Lg foe deg of the hou1d sleces By strog.
tbr men suddenly cane Oft Of house, and approach,
ife bIm sccused / q OF stesDg the dog. Alter eI-
bsLft tbtirv csbulsy of cscus eptnets one Ut tle
m.n ~ zed Mr. Cash BY the tnrost and neNly croked
him. and then ore op.n his sht and kicked and 9TH
ergtse abus.d tim. Tas other men severed the Hd
o, string scbed 10 the dog snd 81 onoo took the an
i'm. 10 the house Mr. {. ivfthsith proc-etsi 10 the
! Jefrrrron Ms1ket Police Count, and msis complaint
before Justice Quscket bush against Hush Mciiroy,
ccsrr.pg hon with ing the dog. Toe msg'strs'e
eb,er slneo the c mplart ssusd his warrant, and
Officer Red sppr.h,uced McIltoy And conveyed him
10 the Court Toe accused il g wears OF sge, snsiTe
Of Ir,srd and Woks 10 stage sabl-s. H. sid that
be did not take the cog, bat would return hu II he
oud rs,se him Ja,nce Qlackenba.h he'd ne ac-
cu.ed for Isl The Of $40 bail Toe ,ther men
vho parcips,sd in the affair could rot be found.
!
the Police Courts of cty sgHrst vsri us parsons
for stealing dog but toe magistrates have, uatl the
preseLt itstsrce refused 70 en'er,ain tncm Jusic,
! Ou,ck-pbush Determined 10 hold McIlcoy for trial in
this case order tb,t tha question ss to whether or
not dogs are considered property in the city msy be
far, tee ed TIE magistrate predIca,ed his decision
upon the following opinion OF Judgs Dean OF the Su'
pteme Court IN the Of the peoe versus Maoney,
.has McClu.ky rendered Nov. }, 1871:
''Tue prisoner wac indicted kng- County Session
for grand larceny in stealing NestSuodlaud dog OF
the va ue OF $780, the property OF Richard T3dd- lie
VA, then arrested 90 warrant irsued on Tue inuic'
me,t ard on default Of bail for bis appearance 10
Answer the INC ictmvnt, was committed. lie Is nov
b,oncbt b, fore NE babeas corpus ard his dscnsrge
nm h. own reocgpzance asked for on the groudd that
acos il not property whereof larceny can be COM
uittsd.
The csse has been argued at length by the prisoners
cour,el an ore side and the District Attorney the
other end strange it msy eppesr, when tho number
f cbsrrs s considered aud the value for vs'0us pur
to,es s put upon them the question seems Eevet to
have been decided in tti, Stae 1t ia impossible for
NE AZ the Circuit constantly engaged IN the trial OF
csuses 10 xsmine the sutj CT at eigth; bat have
given TO t that at tntit which my tie would permit
Ard vould proceed to state the conclusions at which
/ have arrived and briefly the reasons which have ied
tot.
"At commop law deg wasnot the subjectof larceny
As reference Rcscoe Criminal Evidence, Arch 's!d
Criminal Pleao,rgs ard Blsctstone's Commentar's
nroers this pro position lndispuabe The rule there
stated ss follows:
,b.,s the .w holes ~ trbso vaue IS dgs OF all
ss and he kept for aim or Measure "a rug N
hat the criur o :
"By this IT sppams that NOT on was it no crime 70
stem, dog but that person sht seerete take and
ca,ry away whole mensgsIie, ant be ertrely Ga II
less The reason Of this rule was thlt these aninaS
were of so base nature that would not do to make
the taking of them felony. At that time lNcsny was
purishab with eesth, and Il was undoubtedly 10 get
clear of sacrificing man for dog or bear that toe
decision wss made and followed In suosaquert cases.
The rcssop Of the ruls longer fIis;s and on tna
gtound alone the rule might cease to be operative
But tho common low has been adopted in this state
and do not feel di-posed, by Judicial egatIon, 10
abr. gate spy part of it, II we had 10 statute which
was in COLI ct with il, l should feel bound by
the ancient doctrine which / hsve cited. Bds
I think tue Revised S,atu'es are Inconsistent with
the Common law rules By them dogs are so far re-
earded ss property a. TO be in certain ctses the SUD-
.ct Of tsxs.iop The owner made liable for The scts
of his deg thus recoen zpg that dog has Gil owner
ard oops, oueptly that tue thing ownsd is property
For ever, civil purpose not oQy by statute but by the
decision of our Courts dog is regarded as properly
TIE owner may brng action for any Injury uticted
upon his dog. II taken away, he may bring repIevn
or trover hut the statute has defined grand larceny
which is the CRIME whereof toe PRISONER is iadcted
Second Revised Statute, page 67s, Sec 6j; Every
"person who shall be convicted Of feonous taklng
and carrying away tte personal property Of another
"o OF the vs,ue of more than SO, snail be s'judged
guilty of grand larceny.
The same chsp!er, psge 'U, section 3J deneee tho
term personal properly as meaoins 'SoodS chat
tells and efecs, sc. There is no term BROADER taan
chsitel. Beuvi-r in his Law dictionary ssyss chat
tel Is term including ali kinds Of property eIceP.
'the freehold ard things which are parcel OF It, 1t
toe se stsufee therefore, do not clearly aorogse the
common Law rule they raise 80 grave question 90 TO
render it improper for me on habeas corpus to dis
charge the prisoner. He must give oal or De re-
maIted and Lis couasel preeent the question by
demurrer By moving il arrest OF Judgment or oLhsi'
wise 20 as to brig the matter up at General Term,
AID If necessary to the Court of Appsals."
A S,RyAsr on A SPREE E-VALCABLE PRoPERTr
Exros,p TO THlrvks.-With the departs Of fsmi
liz. for the country come. Il otfrO ckns among
servants lef charge Of houses Yesterday afternoon
Gaze of IL kind was brought bsfore Jus ice Qaack-
,rbu,h a. the Jrferson Market Police Court. Oaic'r
Welp Ct the T~en'y ySecond Precinct was called - a
horse in Madison square, large first class uansoc-
TO tale charge Of the female 5ant, when ne iound
in a state of ntoIcsuop, lying upon the basement
floor. A table w,s .et, and upon i we're wine and
other bottles, some Of which he'd been enped o. their
con.ers From the appearance Of the ktosen, IL was
ha4 hsep raoafry her f1an H.