The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-05
BULL PUP FOUND GUILTY.
AT AMI RATE SERGEANT POWELL,
VINO SHOT HIM, ~ A~CQUITTED.

Case or the Shooting OF Artist walkers Dog
by n Sergeant from Fort siocum who
was wheeling Near tho Artiat,n House.
New ROCHELLE, y. ", jan. 4.-Aftcr an hour
and n half OF solemnest elaboration to-day tho
fury in tho famous case of Artist t. Dart
walker against Sergeant Powell, U. s. A.,
found that Powell was not guilty. Tho com.
nlaint against Powell ran 10 tho effect that the
soldier on Nov. "a last did on Leland avenue.
near Pelham road, shoot "a certain dog, to wit,
n bull terrier. tho property Of T. Dart Walker.
residing in the village OF New Rochelle, without
lust cause or provocation, with n certain re-
volyer he then and there held In, his hand.
seriously wounding said animal and causing
saia animal much suffering and pain thereby
II may be observed that the beasts grief and
modification for the loss Of his voice, which
was destroyed by the shot, was not made a part
of tho action. The place of the trial was the
Police Headquarters OF New Rochelle. Police
Justice Lambden sat behind the Sergeant's desk
and a long table wns placed before IL for coun-
sci. Former Justice Tierney took care Of tho
interests Of Artist Walker and tho dog, and r.
McKinlay Power. onco a war correspondent Of
the Edinburgh. Scotland, Scotsman, defended
Sergeant Powell. Outside the rail were six or
eight soldiers from Fort Slocum, who had come
over with Powell. Powell himself is q tall.
stern.faced man. with side whiskers that grow
down to the lower side of his ears.
ONLY six talesmen had been summoned. As
fast as talcsmen wero excused or percmptorily
challenged n fat policeman went out into the
street and grabbed q new talcsman. Two hours
were consumed in getting q satisfactory jury.
The test questions were of q peculiar order.
superintendent Johnson of Residence Park, q
Swede, asked by Mr.. Power il he were q client
of Mr.. Tierncy, said:
81 was no cliont about him, but l known him
by Ia face of him."
MIR. Power was satisfied apparently. but Mr..
Tierney was far from satisfaction.
DO you think shooting u dog is as serious a
matter as stealing T.
mo, l tank it is not So" said the talesman.
Justice Lambden refused to sustain Mr.. Tier
ney's point that the witness had not proper APP
probation Of tho dignity of the law.
LAS between the dog and the man." the
prosecuting attorney asked, (which do you
favorF'
II tank 1 like ia man more said johnson
promptly; "a man is peter more'n ia tog; sure
He was excused. So was one Dealin, q butcher,
who held most agressivoly that. law or no law,
aman has u right to shoot any dog that scared
him. Contractor Doughcrty was asked whether
he believed that he had q right to shoot a dog il
he could escape from the, beast by running
"%%ii think." he said a at last. iii you run away
from the dog he is likely to catch, you all tho
sooner. It's better to give him a lift with your
He was accepted. It turned out that another
talesman had patroniZcd Lawyer Power two
'%WoSld the fact that Power did business for
you convince you of tho truth or what he says in
contradiction OF what sayi Lawyer Tierney
Sure" commented the irregressible Dough;
erty in a mattcr-of-fact tone. They'll both lie."
Mr.. Tierney opened his case, by assuring the
jury most impressively that this was no dog
fhemsnlyps IN hplipyp that they were asked 10
sit in Judgment in q dog case They were to
uphold the law. and that the law extended its
protection to dumb animals was a glorious at
tribute OF our civilization TO which the evident
Intelligence, OF the jury was a credit: Lawyer
full and inoffensive animal. 49,.
walkers family, was the first witness. She
spoke no English, and an tnterpretGr was neees-
The second time he wheeled around so close TO
It that he fell from his wheel. He Immediately
rem nninafes ana 1ots Me be peo ! 1oTa on the few sa h1Her roas.
rode up beside the dog. which had stayed away
from her across the road, and shot 1t;
He was a white bull terrier; He was induced to
leap upon the LAWYERS table. A small scar on
his nose was pointed out as the spot where tho
lis the dog an exhibit r. asked Mr., Power.
sarcastically. DO you want it marked for
Identification T.
LAWYER Tie5ney Locked g ed surprised k;sh and ma, srisEed;
The dog, which seemed disposed to become
s tFisndiI yo% NTH tbe e eSSIs snd VENT ie the or fao% to s sso PSa
jury: He shifted At the boots Of the foreman Of
s sh9 ISTy; to t the seat Of sF Ss shsir. 'N TSe w Gos tHr ned
one eve to Juryman Dougherty and winked sug-
g~estivcly and wagged his tail.
erty timoronsly, Tor ut will get hurried"
The dog. yawned ostentatiously ana rejoined
room. The foreman then came down from his
perch.
night after the shooting and found the family
standing around the injured dog.
head d9 ba aSf va down. sia.i iookine very ep dejected. His
nose WAS bleeding and there was blood all over
his foreppws: He had a bandagc around 4 his neck <
atenderly, sympathetic tone.
HE seemed to be in very great pain" an
Sergeant Powell put his hand over his face to
hide an exultant grin. Some of the spectators
"Your. Honor" Numbered the lawyer for the
here. oven II they don't on David's Island!
Now, Mr.. Walker he continued what
N"ifhe doctor came twice a week." said the
witness. He fixed the bandages. We gave
the dog stimulants."
What for instancef'
Good Lord!" groaned a disguised voice
among the soldier spectators. Lawyer Tierney
bounced up again and glared fercely into the
crowd, but made no remarks ON the Interrupt
LlOn.
The artist went on to say that the dog was a
wondrous gentle beast. He never sought fights
with other dogs. and in fact avoided a y meet.
ing that might lead to q fight. From the artists
description II was to be inferred that the only
motive that could possibly induce the bull ter
rier to approach a dog fight was a purely beneyo'
lent desire TO act as peacemaker. Mr.. Walker
concluded by saying that tho dog was the
most gentle he had ever owned" He was moi
asked how many dogs no had owned.
do you swear" asked Lawyer Power, In
eross,examination. that you never heard of his
attacking other dogs q
81 do 80 swear" said the artist. Indignantly.
III this trial serves no other purpose" said
the lawyer. lit will teach you some new things
about your own dog"
Mr.. Power opened for the defence. He said:
not going to talk long. don't have to. i pro
pose to show you that Sergeant Powell was jus
in that he didn't shoot straighter and more often
Sergeant, Thomas Z. Powell of the United States
Army will take the stand"
In response TO a request that he tell the story
OF his experiences with the dog on Nov. "a thu
Sergeant said:
II was going to Dayid's Island and wanted Il