The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1877-05-03

This Is lnQeeQ. OlmculC case u nc
eide" said Judge Duffy at the Tombs Pc
lice-Court yesterday, twirling his mus
tache retlectively and gazing at huge
Newfoundland dog which pantingly strug-
gled to free itself from the chain held by
the court policeman You, John Koler,"
he added, "claim the dog as your proper
ty. and you, Paul Kanitz, say the animal is
yours. Now it stands to reason that one
of YOU is making false statement, and
under the circumstances. | am at a. loss
what disposition to make OF the animal"
Give 'um to me-" cried an irreverent
Baxter street youth of years, lodging
under the arm of an officer to avoid
ll-directed cuff The Judge looked up
scowlingly, and the slight litter occa--
stoned by the urchin's temerity instantly
subsidized. The subject Of the dispute
ceased his struggling as if in sympathy
with the gravity of the court. and. giving
final wag to his tail, sat quietly down to
await the judicial decision.
ut is clear to my mind" resumed
Judge Duffy, lingering law book and
fixing his eyes on the dog, " that Kanitz :
is the prim,a.t acie owner, because the ami
NAL was in his possession at the time ct
arrest: vet if Koler's statement is correct
the apparent owner is in reality but y
trustee, and the dog the property in
trust"
At this the animal again grew restless,
but an admonitory witch of the chain by
the officer caused him to renew his atten-
ton to the exposition of the law.
I'm the absence of evidence further
than that already adduced," Judge Duffy
continued. :" can decide this case only
on the intelligence of the property itself,
and as the animal is capable only OF indi-
eating its former proprietor by instinct,
by instinct shall decide the case" The
words were evidently we'll weighed. and
the Judge closed the law book indicative
of his determination.
"A decision by instinct" whispered q
fat boy in the first row of seats, playfully
, nudging an elderly man by his side. "A
decision by instinct" said jolly British
tar, who had come with vengeance in his
heart to see fellow seaman sent to the
! Island for assaulting him the night pre-
vious "A jedishion by (hic) instid, " hic-
Y coughed drunk and disorderly, at the
e prisoners pen. to the officer having him
G in charge. a decision by instinct, y
!; murmured the general audience, and all
q breaths were hushed in admiration Of the
r Solomon-like wisdom of the magistrate
/ and all eyes were then turned on the
! dog.
"The claimants will take up positions
e at the further wings Of the courtroom, OPP
IS posite each other" ordered the Judge
u The rival owners, looking mystified, place.
r themselves in the positions required ant
scowled at each other.
q Now" said the Judge, when ! Civ
IS the signal each of you will whistle sim
q ultaneously and the officer will releas
i. the dog, and the animal, thus free t
ne choose for himself, will, as a matter @
re course, 90 direct to his lawful owner
or AS q matter. Of course" approvingl
OF muttered the fat boy, the British tar til
simple and the general audience marvel
be ing at the simplicity Of the arrangement
ls and wondering why it had not occurre
Ut to them.
"Oficer, are your yeady."
Yes, your Honor"
The audience rose to witness the d.
nouement, and the simple drunk by
u stupenduous effort CHECKED his hiccougf
'a ing. The Court looked around to 81
u that there was no foul play and then too
~ up cross-legged position on the magi
~ terial chair, the better to see the resul
- Every eye was riveted on the animal.
:. All being in readiness the Judl
e. shouted:
~ lone. two. three-time.n
4, Koler set up a whistle, long and lou
- that sounded like locomotives, tryin
- to emulate the. Centennial foghorn.
- filled the courtroom. tingling the ears
= the Judge. Kanitz pulled, painted, an
-. whistled short and shrill by jerks. New
= was such music heard in temple Of justi
r. before. The stan0ing audience straint
~ forward with intense interest, and ev'
- the Court arose spasmodically from
-, cross-Iegged position and leaned halfov
- the bench.
'eo The dog, released from his chain, lift.
] !, his head and stepped briskly in front
= the railing. He looked first at Kol'
then at Kanitz, wagged his tail at t
ar Judge and darted through the open fro
door. down the stone steps, and up Cent
street with the speed of the wind.