The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
A DECISION BY INSTINCT.
HOW JUDGE DUFFY PLAYED TIE PART OF
.o~ An ruv wowpa vrorrpD.v

HOW JUDGE DUFFY PLAYED TIE PART Of
| SOLOMON AT THE roMBs YESTERDAY
..This Ia, indeed. q dinicut 10 decide" sa'
Judge Duffy NJ the Tombs Police Court yesterday
twir,ng his muslache renccsvcly and gazing
huge Newfoundland dog winch panungiy struggled u
free itself from tho chain held by the court police
man. ..You, John Koler, " he added, 'clam tho doi
rs your property and you Paul KanItz say tho AMI
NAL is yours Now 1t stands to reason that one ofyou
is making false statement and under tho circum
stances am at loss what disposition TO mako OF the
animal
"Give um to me- " cried an irreverent Baxter street
youth OF eight years, lodging under the arm OF an
officer to avoid we'll directed cuff. The Judge looked
up scownsiy, tho slight litter occasioncd by the
urchin's temerity Instantly subsidized. The object oil
dispute ceased his struggling as II in sympathy with
the gravity OF the Court and giving final wag to his
tail sat quietly down 10 await the judicial decision.
at is clear to my mind" resumed Judge DufTy,
lingering law book and fixing his eyes on tho dog,
sthat Kanitz rs tho prima Jacie owner, because the
annual was in his possession at The time OF arrest yet
II koers statement is correct the apparent owner is
In reality but trustee, and tho dog tho properly IN
trust"
A. this the animal again grew restless but an ad.
monitory twtch OF chain by the officer caused him
TO renew his attention TO the exposition OF the law
o, JUST JUDGEl
"In the absence OF evidence further than that al
ready adduccd, ~ Judge Duffy continued, 81 can decide
this case only the intellig noe Of the property
ITSELF and the animal is capable only OF indicating
decide the case (" The words were evidently we'll
weighed and the Judge closed the law book indicative
of his determination.
IA dcc,sion by INSTINCT" whispered fat boy in the
first row OF Seats payiuy nudaing an elderly man by
his side "A decision by instinct said Jolly British
tar who had with vengeance In his neart TO soc
q fellow seaman sent TO the Island for assautng him
the night previous "a jedishion by ihc) lnstld,"
hiccoughcd drunk and dsordcrly at the prisoners
pcn TO the officer having him In charge. "A decision
by instinct" murmured tho general audience and all
brcaths were hushed in admiration OF the Solomon.
ike wisdom OF the magistrate and l eyes wero turned
Tho amants will take up positions at tho further
wings OF he room, opposite each other" or
dered the Judge The rival owners looking mystthed,
placed themselves in the positions required and
.Nown said tho Judge. ''when give the signal
each OF you will whistle simultaneously and the officer
will release the dog and tue animal, thus free to
choose for himself will, matter OF course, 80 d.
rect to his lawful owner"
"As matter of course" approvngly muttered the
fat boy, the British tar, the simple and the general
audience marveIng at the simplicity OF the arrange
ment wondering why II had not occurred to them.
"Oiiccr, are you readyF
Eyes, Your Honor !"
Tho audience rose TO witness the denouemept. and
tho simple drunk by stupendous eiior. checked bis
there foul play and then took up cross-Iegged
position tho magistcral chair the better TO SEQ the
result. Every eye WIS rvetted on the animal.
All being In readiness the Judge shOuted:-
s'Onc TWO, three--time."
Koler set up whistle, long ana louo. mat sounoed
like u locomotives trying 10 emulate the Centennial
ioghorn. II filed tho court room tneling the ears of
the Judge. Kanitz pulled painted and whistled short
and shrill byjerks. Never was such music heard
in temple OF justice before The standing audience
strained forward with intense interest and even the
Court systematically from It's cross-egged posi-
ton and leaned half over the bench.
THE DECISION.
Tho dog released from his chain, lifted his head and
stepped brisky in front the railing. He looked first
Koler then at Kanitz wagged his tail at the Judge
ana darted through the open front door, down the
steps and Centre street with the speed of the
wind.