The Portland daily press., 1895-11-06
WHOSE DOG AM L!
Judge Robinson Court Occupied With
Pulling Question.

! 4 RrindIe Pup Which Had a Double; OF
E1sa Some People Are Very Much Mis-
taken-He Will Prove Costly Pup for
Somebody.
/. The elections and other minor matters
of nublic interest were forgotten yesterday
morning. all interest seemed to center in
Judee Robinson's court when the case Of
Butler against Dolan was on trial. This
case was before the court on replevln
process by which James p. Butler, of
Portland, sought to establish his owner
ship of certain brindle bull dog named
"Ned,n taken by Constable Verrill from
Thomas J. Dolan, said Dolan also claim
ing ownership in the dog aforesaid. The
PARTIES were in court, but Med" was
not. He was deeply interested party
but was kept in the cell room of the
station where he barked and howled by
turns. In court Carroll W. Morrill, APP
peared for Mr.. Butler, and W. Edwin
Timer for Mr.. Dolan. There was a
crowd of witnesses and many spectators.
The formal pleadings were filed, in
which the plaintiff and defendant claimed
"property in said dog" The issue raised
was briefly that of property.
| Mr.. Butler and six witnesses were
sworn and then Mr.. Morrill, called Mr..
Butler, who said he is in the grocery
business, and who claimed property in a
certain brindle bull dog called "Ned. !"
He said Dolan called at his store and
claimed the dog, charging Mr.. Butler
with clipping the ears of said "Ned. !"
Mr. Dolan took "Ned'' to his hack. took
off the collar, threw it at Mr.. Butler,
observed "You're not man enough to
take him back" and drove off. He
bought sNed" in January last of Charles
A. Thompson.
Mr.. Ulmer admitted that Mr.. Dolan
took the dog from Mr.. Butler in manner
and form as described. Mr.. Butler did
not buy "Ned" but snapped another dog
of even value for him. He valued
NED at SIS
In cross examination Mr.. Butler said
he liked dog pretty we'll and knew
something about dogs. He described the
dog. He did not have it's ears cut He
procured his license 1884, for the said
''Ned''. He remembered call made by
Mr.. Ulmer at his house, when he showed
him the dog.
Charles A. Thompson said he let Mr..
Butler have the dog. He got the afore-
said 'sNed" of James A. Doherty, of
Westbrook. DR.. Cox clipped "Ned s."
ears. He called the dog sHatchet' while
| he owned the animal. He got pointer
from Mr.. Butler. Mr.. Ulmer sharply
cross examined this witness who seemed
to be the best possible witness for Mr..
Butler.
| Mr.. Morrill, seemed to complete his
claim of ownership by calling James A.
Doherty, who said he raised "Ned," and
gave the "pup" to Mr.. Thompson. An
other OF the family was sent to New
Brunswick and four were drowned, barks
gone forever as it were. Mr.. Tufts was
part owner of "Ned" at one time Cross
examined he said he couldn't identify the
dog. He remembered that it was brin-
die pup with a white face.
DIR. A. B. Thompson. remarked that
when his son Charles owned brindle
bull dog,he opened an abscess on thesright
jaw of the animal. He had recently made
an examination of the dog "Ned' and
found the scar there. DIR. Thompson
was rather closely cross examined by Mr..
Timer, who went deeply into the question
how much DR.. Thompson noticed the
pup.
h =
dozen brindle dogs?"
eyes from among 5000 for that matter,
almost with my eyes shut"
Mr.. Ulmer went deeply into the points
Of Identification, and succeeded in show
ing that DR.. Thompson is no expert on
the license issued by City Clerk Dyer,
but it was withdrawn by Mr.. Morrill,.
j. Cox, V. S. was called by Mr..
Morrill,, and testified that he clipped the
ears of the dog "Ned." Cross examined
Could not identify the blndle pup in
question from any other brindle pup"
| Fred ". Boothby, druggist, knew of
the exchange of dogs made by Mr.
Thompson and Mr.. Butler. He was cross
examined by Mr.. Ulmer as to his ability
to identify "Ned" He had seen "Ned"
almost every day since January. Mr.
Ulmer objected to one point that ''his
name didn't grow on him." but despite
| his best effort to shake the confidence of
the witness Mr.. Boothby insisted that he
had known g Ned'' for long time.
f. Il. Rideout, testified that his &C.
uuaintance with HNed" goes back to
January last. On cross examination Mr.
Timer made the point that there was
commonality of interest between Mr..
Butler. and Mr.. Rideout, las they are
broth er-in-laws.
"We rest if it please the COURT said
Mr.. Morrill,
| Mr.. Ulner made his opening argu-
ment. He admitted that ''Ned' isn't
handsome, but Mr.. Dolan doesn't like to
have his word called in question. He pro-
posed to show that "there is another
brindled dog in the case' He proposed