The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-10-13
A DOG CASE IN COURT.
The Right ef . City To MI . DEC for me
Public welfare u Upheld.

ROCdEsrEh. oCt. IA unlQu" question:
was to-day passed upon in County Court
in the case Of Eberton Babcock against
Dr. G. W Golsr. Health onhcer Of the city
81 Rochester. the verdict being In favor Of
Or. Collar. The point involved Was whether
acity has the right 20 kill a dog for the public
Welfare without paving for IL.
The action came into County Court
through an appeal taken by Health Ofioer
Goler from the judgment against him and
n favor Of Babcock in the lower court.
Baboook's dog described by him a. a grey
hound. was taken by the dog cstchers last
Nav and carried TO the pound. where IL
vas kept In seciusion 10 md cut whether
u vas am icted with rabies. which was epi-
demio. In the city al the "a me. and had been
~ declared by a COMMITTEES OF physicians
Babcock protested against tho seizure
declaring that the animal Vas AZ gentle
a. a kitten. He made several visits 20 the
Nty Hall and saw Commissi oner OF Public
whom he obtained no satisfaction ~ 20 the
ultimate fate OF his pet.
One night the dog broke its front teeth
nlting on the kennel and the pound master
deolared that the dog was ucious. Tor
several wceks the dog was watched nj %"
health ofhoe spd hnd out what the verdict
sas in tho case Of his dog. II was death;
BabcoCk brought suit TO force pr Iioler
- restore the dog or to pay him 10, ns
value. The defence was that the dog Wa
not worth anything at the best, being only
a mongrel A further defence was tina,
The dog was VICIOUS, had symptoms al
"a osss. and that public health demanded
hat IL he DESTROYED. babcock described
the oog's tricks on the stand. He said u
onlld stand on q barrel. hold q hat on ate
1oAd alo bow. shake hands and do other
.f-n... -..r.S. ~ ohAlh thsZa ware hut
samples.
Assistant Corporation Counsel StuLl said
The dog was not worth sktnning lie IN
reduced in evidence a picture OF the dog
Which BabCock ~repudiated ~ a b on
he dead
Or Goler testified tina, tho rahic. cpl
d"ulc had II n~ocsssry 90 watch all dogs
ard that several complaints have come
rom people bitten by Bahcook's pet, there
r-sng a universal cry for vengeance from
'h" neighhorhood Of HE home lie had
Iui ordered the death penalty until sAtlsn"n
hat the dog vas guilty. Then II wac
Nled hlmanely and with despatch.
Pound OriCpr Schleyer testified that the
6 had bitten him twice an tho leg he
I'D No words Of prni-e for the animal
|n" picture Was a faithful likeness ~ the
4 Z A. he had known II.
No lawyers spent most 81 their time
o summing up In irving 81 place above or
ir1w par the vAlue OF tho dog Iudee
Sutherland Asked the Jurv 10 si1ke a happy
mean hetwssn the lawyers statements
ud hang Ia Their verdict Ia a~cCOrdapce
..'h 'Lc evidence.
Rai~Hck NAs not IN the oourt room TO-DAY
'' hear y the lmy bad 20 ssy about
Hh dog He was busy A. his homo on IN
.lhlgv stree'. endcGNorns 10 catch \ hoy
ar"t Thomas hedmotd. who had tired
q" i.rI Rabcrck's house out ~ revenrr
- rumAk- mAdc "a his csse The led
~" AnmAtelv caught bN the police and
,c'g % = c~l bAhcpck d~asre- that
49,. apT~A he case. ami 80 " the hishcf
-rts via nCf GO 90. dog iu-iic,