Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-07-04
A NOVEL TRIAL.
How a Fpur-Footed Criminal Was
Brought to Justice.


rural New England towns. If not
strictly legal, it was yet conducted ac-
cording to certain forms of law. The
judge, lawyers and jury were boys. and
the criminal was dog.
To term dog d criminal may seem
TO many Eeaders a contradiction in
terms, or at best Il whimsical use of the
word. For, OF course. to be a criminal
implies OF the part OF the accused a
knowledge that the act committed is
wrong, and prohibited under penalty.
The legal use Of the term. to be sure.
Is not quite so far-reaching. since a
lack Of knowledge or information as 10
the penalty does not excuse the wrong
dOer. But, certainly, 20 be a criminal
implies the possession and use of
rational powers in normal condition.
But ! shall even attempt to show that
this particular dog was entitled to the
distinction implied in the ordinary use
of the word. At the same time the
reader will 90 well TO look TO it that he
is not misIed IN forming his OWL
opinion.
He was a large dog, part Newfound-
land, part Mastiff, or Saint Bernard,
or Irish Setter; there is some doubt Oh
this point. His name was Brown"
The Offense Of which he was accused
and found guilty was sheep-killing, and
he was shown beyond doubt to be an
old offender, no less than twenty cases
of OCicidc being laid at his door during
the trial, which was held on a Satur-
day afternoon at small district school
house.
Sheep-killing is considered a capital
Offense on the part of dogs in rural
communities. Itcan scarcely be classcd
as murder, for murder is the unpro-
vohed slaughter of one creature by
another of the same species or variety.
But l believe that the boys who tried
and condemned Brown, charged him
with murder. However. this point does
1t greatly signify, since it did not
help Browns case.
The trial brought out a great many
curious facts, for the two boys who
took the parts of prosecuting attorney
and of counsel for Brown eXerted them
selves TO their utmost, and there were
not less than twenty Witnesses, pro
and con
1t was shown that Brown had always
been a dog of good reputation in the
immediate neighborhood where his
master resided; that he was a general
favorite with every one, that he had
performed number of meritorious ac-
tons, and that he had never been
known 20 harm so much as lamb on
his master : premises, or on those of
his immediate neighbors
The scene Of his crime was the sheep
pasture of farmer, living three or
four miles distant That he should !
have spared al nearer focks and gone
TO this distance from home. to crafty
his laundering for Illicit mutton, was !
one OF the worst features of the case
against him, on the score of moral de- |
For il was argued that he |
would never have slipped away by |
night to such a distance had he not |
been fully aware that what he did was
wrong and subject 10 extreme penalty. !
Several similar cases were cited to |
show that when once dogs become |
they wax abnormally fer
tile in tricks TO avoid the suspicion of /
guilt.
1t was in evidence that, unlike many
other instances where two or three /
dogs band together to kill sheep.
Brown had never been known TO take
another dog into his confidence, but
had stolen away from home alone; also,
that having once throttled a sheep in
this distant pasture and made a meal.
he kept away from the place for long
time afterwards, evidently under the
conviction that this was the safer pro-
cedure or his part.
From this piece OF caution and good
Judgment it had resulted that several
dogs had lost their lives. For
the irate farmer in whose pasture
Brown had chiefly committed his
had repeatedly set traps
and laid poison in the carcasSes of the
sheep. which had pur-
posely been left exposed. He counted
On the marauder's return, and hoped
thus to capture him. But Brown had
kept away from all tempta-
ion to indulge in second meal, but
several innocent dogs. smelling the
quarry from afar, had been lured to
their death.
In a number of cases their sorrow
ing masters had been able TO testify
that, on the night when the slaughter
took place, their dogs had been at
home chained up.
In the course of six or seven weeks,
when the excitement and vigilance
'oused by the former forav bad sub
sided somewhat. Brown would pay the
lock another visit. He throttled but
,ne sheep at visit, and even in this
particular evinced more prudence than
many such peccant CANNES exhibit.
A great deal of the evidence against
Brown was largely circumstantial, and
although altogether it made a damag-
ing mass of testimony, the boy who
acted as his counsel would probably ,
have cleared him, but for a single wit
ness which the prosecuting attorney :
was able to produce.
This witness was boy about four ,
teen years of age, who had set line ;
Of mink traps along a brook. in q