, 1877-02-16
A DECISION BY INSTINCT.

How Judge rnfYy Played Tho Part of solo-
mon, st the New York Tomba.
St1 Iork Herald.
"Thts is, indeed, difficult case 10 decide"
said Judge Duffy at the Tombs pollcc.Coust
yesterday, twirling Ills nnatacl,c rc1ccttvclv anil
gazing at huge Newfoundland dog which
panttngly struggled to free itself from the chain
held by the court policeman. "You. John
Kolcr," he added, "cla!m the dog as your pro-
pcrty, and you, Paul Kanitx, say tho auimal Is
yours. Now II stands to reason that ono Of you
ts making false statement, and, under tic
circumstances, am at loss what 1lsposltion.to
make Of tho animal. ,.,.,.,
"G!ve 'utn to me-" cried an irreverent Baxter
street youth Of 8 years, lodging under the arm
Of an officer TO avoid wc1f-lirccttd cult. The
Judge looked up scowlfngly. and tho slight
litter occnsIoucd by the urchn's temerity Ill
stantly subsidized. The subject OF dispute ceased
Ills struRglinX as II In sympathy with the gravity
Of the Court, and, giving final waE to Lis tall,
sat quietly down to await the judicial declsion
ut i clear to my mind" resumed Judgs
on tho dor, stint Kaaltz is the prin,a,fae's
owner, because the animal was fn Ills possession
AZ the time Ut arrest; yet II koles's statement
eotess a .p sp doa tts pfaper, II s
~ this tho an!,nal ngaln grew restless, but an
admontory twtch Of tho et,a!n by tho officer
caused him to, renew fiis attention to the cx-
pUsttiou pf the law.
Il In Tic absence Of evidence further than tllat
already attluecd," Judge Duffy continued, ~
can decide this ease only on tho intelligence Ok
TIC property itself, and - tho anlsna' IS capable
sli1ct, by instinct shall decide tic casc" The
words were evidently well weighed, and the
Judge closed the law book Indicative of Lis
IA decision by Instinct" wl.!spcrc1 fat
boy in the first row Of seats, plavfully nudgtng
IN elderly man by his side. IA decision BY
instinct, "sald Jolly I,ritisl tAr, who Ind come
viii! yeuaeai:c r. r. l1!s hcaTt to scs 1e!t9w 10y,
tho night previous. "a ,1edLshion ny (hlc)
instll,"u hlccoughed drunk-aul-dieordtrIy at
tho prisoners pen TO the officer naying him tn
the general audience, and all breaths wero
hnsled in admiration OF tho Solotnonlike
Wisdom Of the magistrate, and all eyes were
further wings Of the court-roon', Opposite, each
other" ordered the Judge. The rival owners,
looking mystt1el placed themselves IN the
posisLons required and stowled at each other.
signal eac se Of you sI viii Whistle eimultaneousy
| aid tho officer will release the log, and this
anituat, thus free 10 ruosu for himself, viii, a.
d matter Of course, go direct To lI's lawful own
| er.h
"As mnttcr Of co,trhc," approvinCly NUT.
tered tho fat boy, the British tar tic simple nnl
the general au.f'enre narye,ing NJ tho sImp'ie-
II nf the arrangement and wondering why It
lad not occurred 10 them. -
"Osl[cer, arc you rcaayl"
"ycs, your 1lonor." ........,
Tho audiences rose to witness the'1enoucmcnt,
mud the simple drunk by stupend1ous effort
checked Ills hiccouph!n0. Tic Court looked
around to see that there was no fot.l play md
then took. up cIoss.leggcd position on tle
,t,agistcriul cllar, the better to SEQ tho result
Every eye Was rlyetel OIL tho animal.
All being IN readiness the Judge shouted:
"Unc, two, tlrcc-tinc.h
Kolcr set up . whistle, long md loud, that
sounded like q locomotives, Trying 70 emulate
room, ttnglng thu cars Of thu Julgt. Kunits
puilcd, panaca, md whistlcd short nj! shrili BY
Jerks. Never was such music heard In temple
| of jus.eo before. Tho standing audlcMce
strained forward with intense Interest, and even
tic Court aroso spnsmodleally trnm its Cross
logged position nnl leaned half nver the bench.
Tho dog, relcnacd from Ills chain, lEfte4l Ills
head and stopped Irskly in front Of the railing:
lie locked tlrst At ko!cr, then ut Kanitz, wngee
Ills tntl ut tho Judge md dartcl through thu
upcN front door. down the stone steps, aul VI
Gvnlrc street with tho speed Of tic Wind.