Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1877-05-03
4 Decision by Instinct.

"This is indeed, difficult case to de
cide," said Judge Duffy at the Tombs Po-
lice. Court yesterday, twirling his mus
tache refectively 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 a false statement, and
what disposition to make Of the animal" :"
"Give 'um to me-" cried an irrevercnt
Baxter street youth Of years, dodging
under the arm of IN officer to avoid q
well-dircctcd 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.
1T is clear to my mind.' resumed
Judge Duffy, lingering law book and
fixing his eyes on the dog, that Kanitz
is the primd: :facie owner, because the ami
NAL was in his possession at the time Of
arrest; yet if Kolcr's statement is correct
the apparent owner is in reality but a
trustee, and the dog the property in
trust"
At this the animal again grew restless,
but I'm admonitory twitch OF the chain by
the officer caused him to renew his attcn-
ton to the exposition of the law.
"In the absence of evidence further
than that already adduced," Judge Duffy
continued, IL 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 instincA
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 a
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 jcdishion by (hic) instid, "hic-
coughcd drunk and -disorderly, at the
prisoners pen, to the officer having him
in charge. "A decision by instinct"
murmured the general audience, and all
brcaths were hushed in admiration of the
Solomon-llkc wisdom of the magistrate,
and all eyes were then turned on the
dog.
"Thc claimants will take up positions
at the further wings of the courtroom, op-
positc each other," ordered the Judge.
The rival owners, looking mystiGed, placed
themselves in the positions required and
scowled at each other.
"Now," said the Judge, "whcn I give
the signal each Of you will whistle SIM
ultancously and the officer will release
the dog, and the animal, thus free to
choose for himself, will. as matter of
course, go direct to his lawful owner"
''As Il matter of course" approvingly
muttercd the fat boy, the British tar the
simple and the general audience marvel
ing at the simplicity of the arrangement
and wondering why it had not occurred
to them.
Officer, are your yeady."
"Ycs, your Honor"
The audience rose to witness the de-
nouemcnt, and the simple drunk by a
SluECnOuOUS ClOAt CIlCCIACA
ing. The Court looked around to see
that there was no foul play and then took
up cross-lcggcd position on the magis-
tcrial chair, the better to see the result.
Every eye was rivetcd on the animal.
All being in readiness the Judge
shouted:
"One, two, three-time."
Kolcr set up a whistle, long and loud
that sounded like locomotives, trying
to emulate the Centennial foghorn. II
filled the courtroom, tingling the ears Of
the Judge. Kanitz puffed, painted, and
whistlcd short and shrill by jerks. Never
was such music heard in temple of justice
before. The standing audience strained
forward with intense interest, and even
the Court arose spasmodically from its
cross-lcsged position and leaned halfover
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, waggcd 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.