Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-03-15
rnn poe concpy Ar AN ENp.
Cephus Gets Legal Possession orthe Canine
But COnley's Friends Resort to satrta-
genoa Dog with Two Masters,

!
| tue owner of u valuable Irish setter and
II any one had asked Conley to set price
! on the head of that setter lie would have
considered hiElseit insuted. In fact ht
would not have parted with it for love o.
money. one cold day in December the
dog disappeared and for u long time hi,
| whereabouts were uncertain.
Conley took walk along the causeway
the other day for his health. Looking over
IN one of the many house yards which
stretch for some distance along the cause.
| way, Cunley saw his own Irish setter
| nerched upon large wooden box. His
neck was Ornamented by leather collar
ana attached toit was heavy chain which
| dangled over the side of the box and had
IT'S terminus at the point where stake
held 1t closely to the ground Conley was
| oVerloyed when lie saw his long lost
| canine, and clearing the fence with bound
he made straight for the fettered animal.
The dog recognized its former master and
tried to free itself from bondage. but the
chain held it fast.
"A second owner of the dog turned up
about this time in Tilghman Cephus, col.
| ored, anu when the latter refused to re-
lease the animal, Cunley went to the office
/ OF Justice MCWhorter, who issued a war
rant Tor Cenhus' arrest. state Detective
| McNey served the warrant and the hear
ing took place Friday evening.
There was an interested throng of spec
! tators when the case was called and the
| trial was marked by incidents of Unusual
| Importance. The discovery was made that
| Tag JUl was attached to the collar of the
| dog and when Detective McNey showed by
| the records that such a tag had been issued
| 70 Mrs. Bradley for permission to keep a
piopuhound, Cephus looked worried lie
commended that the dog was given him by
a stranger, however, and that he was the
rightfnl owner. Then Justice New horter
read the charge which was us follows:
"ihat the said Tifghman Cephus did
slehl, take ana carry away andappropriate
10 ms own use, one setter dog the subject
Of larceny, being the property of William
Sonley,. IT, and registered in the office for
the reglslry Of dogs in New Castle county,
10 this Ccphus pleaded not guilty.
Ample testimony was produced nv Con-
icy TO SNOW that he owned u setter dog and
mat II bore every resemblance to the setter
IN question. He had very little doubt that
It was his own lost canine. 1t was only a
pup when he got it.
Cephus called witnesses to prove that he
mad been the owner of the dog since last
September, and had loaned il in October
to man who hunted reed birds, Yet Il
was pup when he got it.
There was large attendance of inter-
ested spectators at the office of Justice
Of the Peace Charles ii. McWhorter,
saturday night, TO witness the thrilling
finale in the famous comedy.
The second act was witnessed in
Justice McWhorter's office Friday pirbt
when Cephus was arraigned upon the
charge OF stealing the dog. Testimony
was produced by both sides and then
the magistrate decided to adjourn the
case until Saturday evening to give
noth sides ample opportunity to produce
ail the evidence bearing on the case.
Inc curtain rose on the third act about
O'Clock. Cephus was present with the
setter and Conley, Jr., was there with
small coterie Of friends who declared he
was the lawful owner OF the canine and
that he should have it by all means,
Justice McWhorter thumbed over the
latest addition of the Revised Code.
brushed the cob-webs from several
volumes of the Laws OF Delaware and
then proceeded TO quote the statutes
bearing on the case. The setter
watched the proceedings with unabated
interest, and seemed delighted to know
that he had been the cause of the
Judicial entanglcments which had puz.
lied them all around. Conley produced
the receipt for the dog at the city hall
where it was shown that the tax had
been paid, but Justice NIcWhorter de-
clded that the plaintiff had failed 10
make out prima faeie case, US no evil
dence had been produced to show that
the dog was registered with the clerk of
the peace. Had the canine been ON
record at the court house, then the set
ter would have been personal property.
ana any felonious taking or carrying
away would have been the same as lar.
ceny. But as the dog had only required
a nominal residence by reason of his cX-
lstence on the registry book at the city
nan, ne was not personal property, and
the justice out of regard for the strict
Interpretation Of the law was compelled
TO dismiss the case. The curtain
dropped on the last act of the celebrated
comedy and the spectators began to dis.
perse.
Cephus retained legal possession of
the dog, and made for the sidewalk
with the animal at his heels. He had
been anticipated by number of
Conley's friends, however, who began
calling the setter and started to run
down the street. The dog recognized
the voice of his former master and went
back to- his old love, leaving Cephus
standing in the street in d state of abso.
lutte bcwilderment. lie had won the
suit only to lose the dog by piece Of
stratagem. He went home saider but
wiser man.
STATUS OF DOGS AS PROPERTY.
The suit brought before Squire
McWhorter, Saturday last, over an
Irish setter dog, which was dismissed ON
the ground that the charge being lar
ceny and the dog not being registered
ut the court house, property could not
be proved and the case therefore not
prosecuted, has aroused great deal Of
interest in the city.
why" gentleman remarked, "If /
lose my valuable 500 setter and know
the man who has it and who know
stole 1t, l cannot prosecute him to re-
cover It simply because | have no
register OF him from the county clerk"
II seems that that is the law. A dog
Is not property under the law and un.
less value is proved, as of course every.
one understands, no case can be made.
The payment of the municipal dog
tax does not constitute the dog property
Ii the dog owner in this Instance loses
his dog and desires to prosecute for
larceny he must prove value on the dog
collar, if the dog had one on. Otherwise,
the charge Of larceny does not stand.
The hundred dog tax, it is believed,
Will allow suit to stand upon its
receipt upon charge of larceny. But
the hundred dog TAX is not levied in
wilmington. so Il resident of this city
can protect himself only by obtaining Il
registry receipt from the clerk of the
peace.
The reason the county assessors in