The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-11
Court or General seszNsns.
Before Jccgc Rrsaeil.

ARE DOGS PERSONAL PROPxETY ?-fMBEZsTySG
AhGuAENT ON MOTION TO oCAsH Az hDIcT1Esr
FoE AN ALLEGED LARCENY OF A VALUABLE DOG.
jury e-scon after the opening OF the this
ing the City Judge heard unique, but none the less in
terestng and important argument ON motion Of counsel
for Dennis Campbell quash an indictment found by
Grand Jury against his client for stealing valuable dog,
the property Of j. s. Underhiu
Counse! for the accused In long speech pleat,suiy
interspersed with Latin quotations. maintained that
cesy Tor almost thousand years had recognized only
svo Kinds Of property"property" and "bass property
that dogs were base property and therefore
not subjects Of larceny; that the law Of Eng
land (from which he cited number Of cases) held that
dogs were base property and hence not the subject OF
larceny Among other noted decisions the counsel cited
The case Of Soaring who had purloned five live serres
which were confined in hatch. n proven that he
took them, that they were valuable animals, and
that no sold them for nine shiings. Tho judges held
that judgment should be arrested.
The Assistant District Attorney followed in behalf Of the
prosecution, and as his points the whole ground
the discussion, we give them in full -
The doctrine that larceny cannot be committed Of dog
though laid down positively by Blackstone and other ele
menMIy writer's, will be found to have solid foundation
either N reason or authority Al 70 authority, viii be
found that all the elementary writers refer Sir Mathew
HAZE as the original and primal authority on the subject
40 nlm aone % Raceabio SIR Mathew Hales Opinions
On Quest,oa which he examines and decides entitled
TO weight He too modern, however, himself 10 be au
ihory he sfrms tho doctrine IN his plea Of tho crown
the fame chapter by reference authorities he cites
none Tor this Tho Of swans which Is supposed by
ZONE % svos ,ne aocsrns TACT initiates against H.
ing solely the doctrine OF lord Hale, viii DO per-
ceised from pcrusa Of what be says on and like sub
be accepted at least the present day. They
quaint ana singular character, calculated to excite
laughter rather than win respect distinctions are
a e--dOr htsipt
bears &c. be the subjects Of larceny because Of
the basensss Of tne and that hey DO not serve
nobleness Of his nature and his use By princes
and great men, may larceny be committed Is
denied that the dog is OF bass gnope nature.
We INSIST that if dis,incuon is to 30 admitted
between the various works OF nature to nobleness,
WINGS his sagacty aud his rcorruptble dely-case
Fslyick Who authorized SIR Mathew Hale 10 autho
y On noblaness Of rature We deny that dogs meat
moi psed for food il IL largely consuued In toe form o.
,nsnpes The rpesona assigned for holding the
hawS 10 be properly are equally absurd with thcse
alleged against uorerv iu dogs END certalv have no
ancaan in th,s country the truth s that the ancient
noons on MANY Subjects OF this Kind have been OK oodea
ma ed 10 be- IL they ever were law AS said By the
srr,emc Convt IN Tne peonlc "a StenhenR o. 36-
- -, -, = .-.,. 4. !. =, - An ,o,.,,, q,
10 our GAY ,nste Is go ~. ~ s rs,ios y,e
s9 ssvs sIsa eses
tho easop,nc of ord Hale To oy ster CLAIMS tur
tes HOLSTERS pears antelopes, iguanA, bees, Crabs
have rscnnnncsd AGAINST them "A oyoper1v VINO would
ca, Dead OK ster or bait with dead shriupP Aopy Sir
Nnhaa;s So.irins n meragere or m ANY of Inc sni
ns h,c n,osc,n er.arnrse has radnced 10 servitnde
S c.ms,o ,mnor,ed a oreat exnense ogs re usea AZ
40 Use . - 49, o n,n ,vooes cn~sn,nn
Sso'n .hn Ian II ~. rna a, somToa sr ~as a.
elaoeS nv deerdsn,s connse, the Revi.ed Statutes IN
,hs,r tsfnttions or larcenv have aleYed IL dead
| a.Gr;,,n~ 81 rrsna larceny !. . = s,h eoI,icr
| nso ~ go rn,ir ,.,cory =, y son tI :
ylo, oo, -. pos ~. nj 81! ,s ~. ~ T' ~ ,
@ s.nn y, . "ors sr,a 100 a~nsnv arc enc, 4
stoeI Necessary 70 CONSUME g.a1u larceny, are .ua.
os a,s dollars The term nrooerv mere is ev
ssss used il a;sss. sense assas any coat
~. a. ,atia. ~ ,-.SS;.h 80 nana ,scnn,sr raI,s
ar,,n,sm. nass;on os .roo,,on IF sba MIN, tha;
line Nav caraoJ n, The stanaard cf rsne taken nc
.nn1 ,,ori.,v raiua ne he,ng ,he ,niv sss me me
r." 80 go. TLa ,n,,, ,r.t n;r,aIa 5000
I ~, Ioua auvpr e ,. ' on so.o dh
haro roc,ra-v ys,ra for tho rcason ho, tncS, vain
dsrepss on the Saprice OF he owner mere ialscy
70 ri C.m col snpr The vaue Of ali nroneItv denens
IN ths se, On the canr;c az the oyner or Inc anrca OF
neoni senersIis Northumberland nroxin,iv rem6tnness.
&c articles Of luxury as pa,ntass s,4.uary bijoutere
fancy arucles seqars tobacco mirrors &c shirt collars
pockethanok perlumery Yet il cannot be ooubt
that the stealing any Of these things would be
ny Unoer the adopted by the Legislature there
be 40 oaneer That graz larceny VIII be extenced 10 things
whose yaue consists or the capcous estimation Ci an n-
dviduai as lock Oh hair, deter or the hkethe pecu.
mary value ne make. 'aias. Oeing .ne STANDARD ara
ADOPTED ILLS Is nothing lees or more tnan the
vaiue gel on II oy the general judgment OF tue
Tr, me tscIat-e ,,cmaed nv The se Of theso
words 10 ,ncrde thurs rot tito euiec of iarcerv at
mon law IS apparent from tie tSth (btn) and folio wing
sect.ops wc declare the r1odo Of cornoupg tho value
for The M, roses Of the sc of certru pps when were
| rot me eubiecs of larceny at common law An,ooest
these are bonds bils notes public stocks snd securt,e
and other evidences Of Gcbt AGO lottery tickets and
mere pieces 81 evidence Insso as osng merely inc ey
e, i $500 ,nro ~ sa.;ac.s ~ i.a, :. a
is U, '0 Isaonl' re p.Iu 3 10a. H.is soo na,o
The estn ana h ecops do not declare thai ,bev ara
ioonod ~ ~, ", ,ara ,,roe,,s s,an, ,sy ar
tho asst me tSai tncv arc inauded in IL In
ccoa,-ca r,h ,hS ,o.r .ra &c. &c ,ann,a ,s Wiz
VS. Looms peo;o. $50: rev,sers note & % ed pp
SCI In copousion we all do know that Whatever was
the case In Sir Mathew Haes time, dogs this uuae
have very considerable pecunary value that they
bought and soa as property every day, well
value us horses sheep or any kind Of STOCK
They valuable castodans Of properly assistants
labor, messengers and the like They possess high de-
gree Of intelligence and are capable OF beng trained 10
any which their physical powers adap. them; more
than any other animal known. they 10 DO pro.
hoTS de 10 loi and unprotected against syse
matte theft trust Will not be done by Court but