The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-12
HARD FOUGHT SUIT
OVER WEBER DOG
NeighbOrhoOd Row at Length
Reaches District Court.
HuMoR AND PATHOS
LEGAL RHETORIC THAT AT
FECTED LISTENERS.


Ogden, Sept. 1.-THE evil that men
do lives after them. The good is oft
inferred with their bones"
So it is with dogs. AT least, it proved
true Of an unfortunate white and black
canine. the property of Ezra Potter OF
West Weber. which departed this life
July IL last. The dog was dead. There
was no question about that. lie was
as dead as door nail, colin nail, or
any other piece of iron-mongery Of the
nail variety. But the manner of his
death
The deep damnation of his taking of. +"
as the bard of Avon would say. was
what has vexed the community of West
Weber ever since the dire event, and
the august majesty of the law (also
its July and september majesty has
been engaged in giving due censidera-
ton to the circumstances of the ca
mines decease and the responsibilities
Of various parties Herewith.
In official verbiage the affair was
known as the state of Utah VS.. Ed
ward Frank, William Douglas and Da-
vid Towers, and the charge. malicious
mischief. The papers in the case orig
mated III the Justices court of West
Weber, where Ezra Potter charged the
boys with killing his spotted dog on
July II, with malice, etc, and a gun.
The case was then transferred by
change of venue to the court of JUS
lice HaIkcE J. Han OBQen, WneIes
after due hearing, the defendants were
convicted of dogslaughter. They
promptly appealed the case to the dis
trict court, where Judge Rolapp and
the court attaches, a jury and a score
or so of witnesses from West Weber,
the district attorney, A. 3. Hayes, with
Mr.. Lessenger representing the defend
ants. were busy most of the day on
the case.
Was It Self Defense.
AS has been said, the fact of the
dogs death had been established before
the case reached the district court
The claim of the defendants was that
the deed was committed in self-defense,
while the state claimed that the kill
ing was cold-blooded and malicious
mischief.
Some difficulty was experienced in
getting a jury, one of the talesmen,
Ed Auth, admitting that he thought
half the dogs ought to be killed, any
how"
Mr.. Potter testified to the killing of
his dog by the boys, the act appearing
as without justification or cause His
evidence was corroborated by that of
Mrs. Potter and several neighbors.
On examination Mr.. Lessenger
sought 10 establish that the dog was
vicious and dangerous, and in support
of this went deeply into the question
of the dogs pedigree, asking the own
er what kind of dog it WASP
"A black and white dog-more black
than white
But what kind-what breed p Ger
sisted Lessenger.
well. as near as 1 balm able to tell"
solemnly answered the witness. "'E
war for the most part Jest dog"
This reply created something of a
sensation in court, the bailif being I'M
able to quell the uproar for several
minutes, and on numerous other Occa-
siOns the threat of clearing the court
room had to be made.
After the states case was in. Frank
admitted to killing the animal. and the
charge was dismissed against the other
two boys. The statement of the boys
was that the dog ran out to attack
them, frightening their horse, causing
him to plunge and break a buggy
wheel.
Hayes Rich Rhetoric.
In summing up the case. District At
tOrney Hayes Numbered against hood
lums in general, and West Weber
hoodlums in particular, and of how an
example should be made for the bene-
mt of the rising generation. He dWeIt
on the beauty of a dogs love for his
master, on the great service rendered
by the canine animal to the farmers in
the tramp-infested neighborhood. He
decried against the efforts of the at
torneys for the defense to keep the
humorous phases of the case in the
minds of the jury, and closed with
pathetic picture of the home in West
Weber rendered dogless by the illegal
and wanton act of the prisoner at the
bar.
Mr.. Lessenger dwelt on the rights of
boy as superior to the rights of dog:
dweit on the hankering of CANNES of
the just dog" variety for trouser-
cloth and for trouble generally, and
besought the acquittal of his client in
the interest of fair play and Justice
The judge charged the jury, and in
few minutes a verdict of mot gull
ty was returned. The accused was
released, but a good sized neishborhood
schism has developed in West Weber
that may last long after the grasses
are again green over the forgotten
grave of the little dog that died.