The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-20
Must be Corroborated to
Convict.
SUPREME COURT DECIDES
At Least the Tracks Of the Accused
Must be Identified.
A LEARNED OPINION BY JUSTICE COOK
He Finds That a Fox dog Sometimes Turns
Aside TO Chase Rabbit and Even Good
Bird Dogs Have Been Known 10
Set "Terrapin."


Seta 'lTenapin.'
The North Carolina Supreme court this
week decided its first dog case, and the
dog lost.
The question it was asked to pass on
theft on the uncorroborated testimony of
dog.
The court, through Justice Cook, gives
a negative answer.
A store was robbed in Pitt county
early last February. The thieves entered
through window ard left a basket. Next
day, after the robbery had been discov-
cred, bloodhounds were secured from
Kinston, allowed to smell the basket and
the window and then started upon the
trail Finally they went up to Amos
Moore and bayed him, and then to Ash
ley Dixon and bayed him. Thereupon
they, with four other negroes. were ar
rested Later one of the four turned
States evidence and implicated ali the
others.
On the trial the action of the dogs in
regard to Moore and Dixon was testified
to by a witness against the earnest pro-
test of the defendants counsel, who con-
tended that the evidence was in
competent as the tracks the dogs
trailed had never been identified as the
defendants, or proved that they were
made by them at the time of the lar
ceny.
The Supreme court sustains this OBJ
lection and orders new trial for Moore
and Dixon.
The court holds that the trailing of
the mems tracks and the baying of them
by bloodhounds, unless the tracks arc
otherwise identified or the men connected
by other evidence with the theft, are
insufficient to convict The opinion goes
on to say that in this case there is no
evidence to connect the circumstance of
the baying of the men with the making
of tracks at the time the larceny was
committed. nor is there any evidence that
the dog scented any tracks made by the
defendants.
The opinion is written by Judge Cook
who in the course of it, discOurSeS quite
learnedly on dogs. He says:
1T is a matter of common knowledge
that there are many breeds of dogs en-
lowed with special trails and gifts pecu-
liar to their respective kind-the pointer
birds; the hound to foxes, deer and rab
bits, but we know of no breed which in
stinctively hunts mankind Yet we dc
know that dogs are capable Of running
the tracks of human beings, as is fire.
quently evidenced by the lost dog trail
ing his masters track long distances and
through crowded streets, and finally over
taking him, which demonstrates the
further fact that 9h-y-e ''-tinctive pecu-
liarity exists between different persons
which can be recognized and known by
dog. And it is well-known fact that
the bloodhound can be trained to run
the tracks of strangers; and in this the
training consists only in being taught
to pursue the human track; the gifts or
powers or instincts being already inhcr-
ent in the animal he is induced to exer-
else them under the persuasive influence
and protection of his trainer or master.
Once trained in this pursuit, we must
assume that his accuracy depends, not
upon his training but upon the degree of
capacity bestowed upon him by nature.
Experience and common observation show
that among dogs of the full blood and full
brothers or sisters, one or more may be
highly proficient while others will be in
efficient, unreliable and sometimes worth
others will be dull to scent and incapable
Of running cold track. Then again we
may find the most reliable and favorite
hound taking the 'fresher' track which
crosses his trail, or quitting the cold trail
of fox and following the hot trail of a
deer which he may strike Likewise the
pointer or setter may abandon cold
trail of covey of birds and follow
warmer one uron which he may happen
to run. Or the squirrel dog may leave
the tree at which he has taken his stand
and parked, and go to another, or quit
entirely. So it does no violence to COM
mon experience tc assume that dogs are
liable to be deficient in their instincts.
Therefore we frequently hear huntsmen
speak of some dogs as true and
'staunchsss while others will. be denounced
as unreliable or liars 1t sometimes
happens that the best trained fox hounds
will lcadsth master into a rabbit chase
or pointer will hold his master With
trembling excitement while he points a
tcrrapin.' fs
In connection with this dog case the
following coed story told by we'll known
Paris newspaper, Ami des Betcs, is inter-
csting
"A peasant sold frIrtccn sheep. and he
agreed with the buyer that the dog which
had accompanied the flock should form
part of the purchase.
Mixing up the sheep with some 13t
Others the buyer left with them and the
dog for his village, some distance away.
might came on and the dog decided to
turn back He managed unnoticcd TO sori
out the fourteen sheep and to safely es-
cort them back to their old quarters.
"Since then the sheep have been handed
over again, but the dog has been re-
tanned