The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-04-07
SHEEP AND DOGS
By G. A. Stephens
X X x X

have remained quiet. A mere smat-
tering of law, which was all we pos
sessed, is dangerous knowledge for a
man to act on, and is pretty sure to
get him into trouble We knew that
we had a right to kill dog attack
ing our flock, and that we could legal
ly collect double damages from the
dogs owner; and as we thought we
had good evidence that these dogs
were the transgressors, ws went i'm
mediately to McFadden and demanded
damages for the seven lambs and two
sheep killed.
McFadden threatened US with his
AK, and his wife, declaring that she
would scald us, put the kettle on hot
fire. They were very angry over the
loss of the two dogs, particularly of
the woodchuck dog, which Mrs. Nc
Fadden feelingly asserted had kept
the family in fresh meat all summer.
Instead of obtaining damages from
McFadden for our sheep cnd lambs,
he sued us for poisoning his two dogs:
and, unfortunately for us, we had sup
piled him with all the evidence he
needed. When at last the case came
to trial we found the law far different
from what we had supposed it to be.
The following POINTS came out:
First, the fact that these two dogs
came up and ate of the dead sheep
did not prove that they had killed the
sheep.
Second. as Aunt Deborah was our
hired housekeeper, we were as much
responsible for her act as if We had
done the deed ourselves.
Third, although We had legal right
to kill dogs molesting our sheep, we
had no right to poison them; and the
proved fact of our having "laid out
poison for them subjected US to
fine of $50, and also to payment for
the dogs, which were to be worth $5
each.
Fourth, glass, although not poison in
it's ordinary form, was held to be poi
son to all intents and purposes when
pounded to powder md put into
meat for dogs to eat.
Finally, as We went home from the
trial, the victorious McFadden drove
behind US and reviled us.
Our own modification was slight,
however, compared with that Of Aunt
Deb. when the results of her dog
physic were made known to her. 1
really thought for a time she would
fall sick of her indignation. and we
had some difficulty in preventing her
from visiting the McFaddens in per-
son. Aunt Deb's exploit cost us ex-
actly 500, in fines. price of dogs and
costs, but our lambs were not molest-
ed again that season. That was our
one crumb of comfort, for there re-
mained not the slightest doubt that the
two poisoned dogs were the offenders.
The fine for poisoning was for expos
ing poison which other animals, or
possibly human beings. might partake
of, rather than as i punishment for
this particular mode of killing dogs.
in law it is far less criminal Of
fense to poison Gog than to poison
sheep, a COW or q horse. For horse
poisoning, indeed, the culprit, in Mas
sachusetts, may be sent to prison for
Ave years, and in Maine for four years.
In the next summer the sheep Of an
other neighbor named Fotherly came
into our field, where potatoes and peas
were planted. They partook heartily
Of the green peas, and not only Of
them, but of Paris green, which had
been sprinkled on the potatoes to kill
potato bugs. Two or three Of the sheep
died; and mindful of the McFadden
triumph, this ill-disposeG neighbor
prosecuted us promptly for exposing
poison. and declared that he would
land" US in Thomaston jai! for it.
But this case went against Neighbor
Fotherly. In addition to the costs, he
had to settle With US for the peas at
our own figures. and also to pay dam
ages for malicious prosecution, be-
cause Of his threatening publicly be-
fore trial what he would do with us.
He suffered to the amount Of $3.50,
for in this case it was held that tho poi
son was lawfully used. So it is very
nice question when a man may law
fully expose poison. II those sheep
had come into the field through the
least neglect on our part, the result
might have bee, more :grecable to
Fotherly.
The year following our SAD legal con-
test with McFadden lambs disappeared
mysteriously week after week from
our pasture. At first We suspected
human thieves, as no trace OF wool or
bones could be discovered: but boy
whom we had employed to watch re-
rorted that 4 large brown and white
foxhound had leaped n, wall, seized
a lamb and jumped out with it. all in
less than half minute. He identi-
fed the hound as the property Of one
Clucker, a poor reighbor living lalf
nile away.
The hound was The mother Of five
puppies, and conld obtain nothing, or