New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-18

4 man named llobcri Scotthorn WAS arrested
Friday charged with leading a cow in Forty
sccond-st, This city, Reader, Of The Tribune will
remember tire rule made 10y the Health Board
last spring in regard 10 the leading of COWS in the
public streets. Through the efforts of The Tribune
the first rule was far modified as TO allow the
leading Of COWS AT certain hours of the day 1t IS
alleged that Mr. Scoithom was leading his cow
after the time for the Withdrawal Of cows. or, II
Won please. after the curfcw bell for cows had
runc This. We believe. Mr. Scoithorn adj
mirs. but having engaged a counsel the eminent
law firm Of Billydici Puncr, Popkins a Smith
ne now sets up the plea that he WAS not leading
the cow at all. but that the intelligent animal
was leading him, and brings forward the police
man who made the arrest and several pedestrians
and cab-driycrs who were present. to show that
the COW was about ten feet ahead and leading
him ON fast trot Mr.. Ncotthom through his
eminent counsel asks for a discharge, and will
sue for damages for false Imprisonment.
On this interesting not 10 say important, point
raised by Mr. Scothorn. on advice of able counsel,
it is to be hoped that calm and careful decision
of a high court may he obtained We have no
desire 10 PREJUDICE the case. but it seems to MS
that the distinguished counsel may have some
hard work before them. There not probably
tainly naogous cases. For instance, any lawyer
will instantly recall the ease of the People vs..
Bady. famous in Texas annals IL appeared at
the trial that Badly, that being all of his name
known. was arrested while leading away neigh
boris horse Baldys defence was that hc was
walking along the road in a thoughtful attitude
with his hands cIaspcd behind him. and in them
"A halter While thus proceeding the horse sneakcd
ind 81 hpu IA
the halter. Defendant knew nothing of the dis
reputable proceeding on the part of the horse I'LL
arrested by the officer Allegation sworn TO by scv-
eral witnesses still the ease went against him, 10
the following opinion of the highest court in
Texas will show: while il may he that the
explanation made by the defendant is true, and
the same being freely admitted, it cannot he
given any weight. 1t is the duty of every
man 10 know what is in his halter.
Whatever the fact may he. this Court
must hold the man TO be the higher animal Of
the two and incapable OF bcn- imposed upon by
a horse Verdict for plaintiff Lynch, e. j."
Badly was executed AT sunrise, the Court hauling
on the rope, together with Prosecuting Attorney,
Comfy Treasurer, Mayor OF city aud private cti-
zens
Who will suppose that in this rcxas case just
cited even Mr.. Scotthorn's brilliant counsel
could have saved the unfortunate Badly. To
any one who will consider ScotthCrn's case there
will occur, too, the old question rs 10 whether
the dog should wag the tail the tail the dog.
This question is as old rs civilization and probably
older, and from the first there has been pre-
ponderance of opinion in favor of the former view,
namely, that the dog should wag the tail Nari.
Gus classical writers discussed the point several
thousand years ago, and IyrclilTe. the early Eng
lish monk, wrote quaint essay on the subject
and purported TO give the Goss own views on the