The Topeka state journal., 1908-05-26
Senator Vest Needed at 70
lice Tribunal.
Case Of a Dog Which Might
Have Bitten a Boy.
THE OWNER is FINED.
Judge Has Queer Idea OF
Vicious Canine.
County Commissioners Order
Release of JOintist.


In police court Monday evening
James White. a negro porter was
fined IS and costs for "harboring
vicious and dangerous dog and allow
ing the animal to run at large MRS.
Croswaite and her little son, George
living at 431 West Locust street. were
on hand to testify that the dog had
bitten the little boy on the leg while
he was passing by Whites house last
Saturday night The dog also was
In court, a little bit of black cur
with a stump tail and a disposition to
jump upon and play with every one
who noticed him. The dog is only
q puppy and no more vicious than a
kitten. If Senator Vest had been
present and spoken in the dogs be-
half the negro youth would have
carried off his little playmate in
triumph. Everyone will remember
the Missouri senator's famous speech
In the dog case forty years ago when
he said: 1.-The one absolutely un-
selfish friend that a man can have
in this selfish world, the one that
never deserts him, the one that never
proves ungrateful or treacherous, Is
his dog. A mans dog stands by him in
and in sickness. He will sleep on the
cold ground where the wintry wind
blows and the snow drives f1ercely, If
only he may be nearer his masters
side. He will kiss the hand that has
no food to offer, he will lick the
wounds and sores that come in en-
counter with the roughness of the
world. He guards the sleep of his
pauper master as If he were a prince.
When all other friends depart he re-
mains When riches take wings and
reputation falls to pieces he is as
constant in his love as the sun in its
journey through the heavens"
There was no direct evidence that
the dog had even bitten the boy. A
physician testified that the long
dog bite. 1t would be next to impos-
sble for dogs front teeth to make
long single scratch. No one testified
directly to seeing the dog bite the
boy. An effort was made by one of
the witnesses to tell of a wire fence
that lay on the walk and which
would have been far more likely to
have made such a scratch as the boy
showed on his leg, but the witness
was hushed up. Whites mother, a
respectable old negro woman, tes-
tilted that when Mrs Croswaite and
her, little son passed their house that
evening that the little boy stepped up
to the White porch and began playing
with one of her children. That he
twisted the boys arm so that he cried
out still playing with him while the
dog lay on the porch. The dog
growled at the Croswaite boy and the
latter called out to scare him and
the dog ran under the porch. Now,
even if the dog had bitten the boy, 1t
could hardly be classed as a vicious
animal because it went to the defense
of its little dusky master and play
mate from what it thought was the
attack of strange boy. Not sin
gle witness testified, even when ques-
toned, that the dog had ever run out
at any one to bite them or had
tied up all day and only released in
the evening by it's little master to play
with him. Then the dog itself was
the strongest evidence of all that it
was not vicious, but rather a playful
little cur, seeking favor and recogni-
In the police station. The negro own
ers of the dog appeared to be re-
spectacle and law abiding people. A
negro loves dog. The "onerier" and
blacker and no account the dog, the
more the negro thinks of him. One
could not imagine q more worthless
or harmless dog than the one that
was denounced in court yesterday to
be as vicious as If he had been a man
eating tiger. James White made no
pTOtSSl ONcI the Judge decision eX-
cept to murmur, 81 raised that dog
from puppy, and he amt vicious
nor never has been" White tele-
phoned his employer to pay his fine
and costs out of his weeks wages
and went away, taking his dog with
him and listening to the last stern
words of the court, to either make
way with the dog or he would be
liable to a fine for each day the
dangerous animal was allowed to run
at large seeking whom it might de-
YOUR.
Elmer Durbin filed suit for divorce
yesterday evening from Bertha. his
wife. He alleged in his petition that
they were married in Kansas CITY in
1908, and that while he had ALWAYS
conducted himself as a good husband.
his wife had deserted him, and even
before this calamity she had been
grossly neglectful of her marriage
duties.
John Gennett, who has served
term, of 136 days in Jail for CON
viction of violating the LIQUOR laws.
was released yesterday by the county
commissioners on recommendation Of
the sheriff and county attorney and
payment of $25 in cash and promise
to pay the remaining s152 of his fine
and costs. Gennett will be under the
surveillance of the sheriff until all the
fine is paid.