Mexico weekly ledger., 1877-03-01
A. Decision by Instinct.

IA DSSASAvh Ny AAAcuAhCts
ssThis is, indeed, difficult case to
Decide" said Judge Duffy at the Tombs
Police Court yesterday, twirling his
mustache refectively and gazing at a
huge Newfoundland dog which pant
ingly struggled to free itself from the
chain held by the Court policeman.
You, John Ko. -" he added, ssclaim
the dog as your property, and you, Paul
Kanitz, say the animal is yours. Now
it stands to reason that enc of you is
making false statement, and, under
the circumstances, / am at a loss what
disposition to make of the animal"
ssGive 'um to me" cried an irreverent
Baxter Street youth of 8 years, dodging
well directed cuff. The Judge looked
up scowlingly, aud the slight litter oc-
casioned by the urchin's temerity in
stantly subsidized. The subject of dis
pute ceased his struggling as if in SYM
pathy with the gravity of the Court,
and, giving a final wag to his tail, sat
quietly down to await the judicial deci-
sion.
"It is clear to my mind" resumed
Judge Duffy, lingering a law book and
fixing his eyes on the dog, ''that Kanitz
is the pTina0-facie owner, because the
animal was in his possession at the
time of arrest; yet if Koler's statement
is correct the apparent owner is in re-
ality but trustee, and the dog the
property in trust"
At this the animal again grew rest
less, but an admonitory twitch of the
chin by the officer caused him to re-
new his attention to the exposition of
the law.
s'In the absence of evidence further
than that already adduced, Judge
Duffy continued, 81 can decide this case
only on the intelligence of the proper
ty itself, and as the animal is capable
only of indicating its former proprietor
by instinct, by instinct shall | decide
the case.' The words were evidently
well weighed, and the Judge closed the
law book indicative of his determina-
tion.
GA decision by instinct,'' whispered
fat boy in the first row of seats, play
fully nudging an elderly man by his
side. ga decision by instinct.' said a
jolly British tar, who had come with
vengeance in his heart to see a fellow
seaman sent to the Island for assault
ing him the night previous. ga je-
dishion by (hic) instid," hiccoughed a
a drunk-andd disorderly at the prisoners
pen to the officer having him in charge
"a decision by INSTINCT" murmured
the general audience, and all breaths
were hushed in admiration of the Sol
omonlike wisdom of the magistrate,
and all eyes were turned on the dog.
kEFrbn la;r a,tc yxr1ll foIr
tions at the furtner wings of the court
room, opposite each other,' ordered
the Judge. The rival owners, looking
mystified, placed themselves in the po-
sitions required and scowled at each
other.
"Now," said the Judge, "when I
give the signal each of you will whistle
simultaneously and the officer will re-
lease the dog, and the animal, thus free
to choose for himself, will, as matter
of course, go direct to his lawful own
err
''As a matter of eourse,'' approx
ingly muttered the fat boy, the British
tar, the simple and the general audi
ence marveling at the simplicity of the
arrangement and wondering why it had
not occurred to them.
"Officer, are you ready?''
eyes, your Honor"
The audience rose to witness the de-
nouement, and the simple drunk by
stupenduous effort checked his hic-
coughing. The Court looked around
to see that there was no foul play and
then took up a cross-legged position on
the magisterial chair, the better to see
the result. Every eye was riveted on
the animal.
All being in readiness the Judge
shouted:
"One, two, three-time.n
koler set up whistle, long and loud,
that sounded like a locomotives, try
ing to emulate the Centennial foghorn.
1t filled the courtroom, tingling the
ears of the Judge. Kanitz pulled, pant
ed, and whistled short aud shrill bv
jerks. Never was such music heard in
temple of justice before. The standing
audience strained forward with intense
interest, and even the Court arose spas
medically from its cross-legged position
and leaned half way over the bench.
The dog, released from his chain,
lifted his head and stepped briskly in
front of the railing. He looked first at
koler, then at Kanitz, wagged his
tail at the Judge and darted through
the open front door, down the stone
steps, and up Centre Street with the
speed of the wind.-NeaO York Herald.