The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1865-01-21

undoubtedly exhibit something like a izzure
such as might be caused by striking, kick
ing, and jamming," which it was alleged Mr.
Slater himself had done, providing the strik
ing, kicking and jamming aforesaid was in
the region of the liver; but not if it was away
from it as over the rump or on the head a
matter as to which there was conflicting
vidence.
The medical evidence. as reported to US by
our friend, is so long and learned that we are
compelled to omit most of the details, as well
as the very learned arguments on it.
1t IS necessary, notwithstanding, to say
that, the deceased dog was white dog, with
large black spot between his eyes; and that
there was some evidence, not conclusive,
however that a ball had been aimed and fired
from one of Mr.. Sharp's improved rifles, by
marksman not wholly inexpert, at that ex-
axact spot. The Medical Dog Faculty de-
claring very generally however, that neither
Military Surgery in general. nor gun shot
wounds, especially, were within their juris-
diction-ahd, indeed, exhibiting some sus-
ceptiability at their being supposed to be SO
ON which account, from motives of delicacy
to the profession, the inquiries were not press
.ed as the fact whether :he death had ensued
from confusion, concus.ion, or perforation of
the cerebral mass, was necessarily left in great
doubt
The case was argued at Oswego, in July
Term, 1856. BY Mr.. X. II. Morehouse, for the
appellant Mr. d. c. Stoddart for the respon-
dent. After which the solemn opinion Of
the Court in banc. was delivered, according
to DR.. Barbour, vol. 90. 305, as follows, by
Allen (W +. }, Justice.-This is the first
time | have been called upon to administer
the law in the case Of pure dog fight, or a
fight in which the dogs, instead Of the owners |
were the principal actors. ! have had oc- /
cason TO preside upon the trial or actions
for assaults and the batteries originating in /
aifray. in which the masters of dogs have .
borne conspicuoasiPa and acquitted them /
selves in manner which might well have !
aroused the envy of their canine dependents. ,
The branch of the law, therefore, applicable |
to direct conflict and collisions between dog /
and dog Is entirely new to mo, and this case
opens up TO me an entire new field OF lnves- .
tigaiioE. | am constrained to admit total .
ignorance of the Code Duello among dogs or
What constitutes 4 ust cause Of offence and /
iustifies a resort 20 the ultima TdtlO. 4 resort ,
t. arms, or rather to teeth, for redress.
Whether jealousy is a just cause Of war, or /
what different degrees and kinds Of insult or
81 ght, or what violation Of the rules Of ell
9uctte entitlc the injured or offended beast 10 /
insist upon Promp, aud appropriate satistac-
ton. knOs not: : and am glad 10 know that .
no nice questions upon the conduct Of the /
conflict on Ii" part Of the principal actors ar
50 in this case. Ii IS not claimed. upon
ell er side that the struggle vas not in all .
respects dog-like and fair. Indeed, | was not
b fore aware that it was claimed that any
IGg, human or divine. mora! or ceremonial.
: Emon or statute, undertook TO regulate
4 control these matters, bat supposed that
this was one Of the few privileges which this
class Of animals sill retained in the domest-
Gated state that it was one Of their reserv
ed rights. not surrendered when they entered .
into and became 4 part Of the domestic IN
stitution. to settle and ayenGe in their own
say, all Individual wrongs and insults without
regard to what Blackstone or any other iurist
may write, speak or think Of the rights Of
persons OF right Of things" | have been
a firm believer with the poet in the instinc-
tive if not sen.i-divine righ, OF dogs to fight,
and with hiln would say,