The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-04-07
was doubtless g. ease of dire necessity

was doubtless ease Of dire necessity
en- her part; and our hired boy. who
frequently visited the family, affirmed
that the Clucker3 shared the lambs
which the hound captured.
My partner posted himself behind
the pasture fence with 4 gun loaded
with buckshot, but on the following
afternoon the hound entered the pas
ture and caught lamb before Ward
could get near enough to shoot. Jump
ing the wall, the hound ran for home,
half dragging, Lalf carrying the strug'
Cling lamb.
Ward gave chase, but was unable
to come near the hound until it gained
it's masters dooryard, where it turned
and faced him, growing savagely.
Ward fired and the hound fell. just as
it's master opened the door and raised
an expostulating hand to prevent the
shot.
1t is evident that in tie excitement
of the moment my partner had made
rather free use Of his gun, but he had
in mind the words of the law: ANY
person may lawfully kill him whenever
and wherever found
Clucker, the owner Of the dog, incit.
ed by McFadden and Fotherly, took
legal advice and began suit to recover
damages for the y lawful killing Of
his foxhound, which he professed to
value at $50.
A most stormy trial followed; and in
the decision Ward was held to be in
fault in shooting the hound after its
owner had raised his hand to forbid it;
and there was a grave doubt expressed
as to whether he had not laid himself
liable for unlawfully entering Cluck'
er's premises with gun, in pursuit
Of the hound.
In the end we paid S25 for the fox
hound; but by a rather curious legal
offset, damages to about that amount
were allowed us for the lambs killed
by the hound. The costs of the suit
fell on us. The court shrewdly looked
out for itself as to that, Clucker being
utterly impecunious.
The conclusion which we arrived at,
after the above litigation. is that per-
emptory as the law seems to be against
dogs, the killing Of one is liable to
prove a costly bit Of vengeance.
If a neighbor's dog throttles our
lambs. we deem it far safer to shoot
him on our own premises than of
them, ard positively unsafe to shoot
him on his masters premises. The
safest method Of all is to catch him in
a trap at the scene Of his depredations,
then summon his master, and at the
same time invite one or more disinter.
ested parties to see and hear what
takes place.
In the State of Massachusetts, and !
believe one or two other States where
dogs are licensed and taxed, the dog
law" provides that any farmer meeting
with losses from dogs may file a
claim, with proofs of loss, at the as
SCISSORS Office, and be paid the amount
Of his loss out of the town treasury.
Or, if he chooses, he may bring an ac-
ton against the owner Of the dog and
recover double. and in some cases
threefold, damages; but he cannot
adopt both methods. In Maine and
most other States, however, the suf-
ferer must bring the owner Of the dog
to terms, if he can; he has no other
mode Of redress.
In cases where two, three or four
dogs, belonging to different parties,
went off by night or day on joint
foray into a flock of sheep, it has been
held that each dogs owner was respon-
sible only for what his own dog killed
or manned, if anybody could find that
out: otherwise all were liab!e.-Youth's 8
Companion.