The Birmingham age-herald., 1909-12-27
Animal Seized From Negro on Attach ment Papers and Negro Now Threatens to Get Possession
 Again by Habeas Corpus.

effects of an unskilled operation on her ears. and was not in the best of humor and when she was approached she de- clined on advice of her counsel, to say anything for publication.
 The dog has not been entered on the jail board bill-by that 1t is not meant that she is not being fed--but her name doesn't appear, hence her cognomen was unavoidable last night. But that mat ters little, as the name will, in all prob- ability, come out in court today.
 The facts in the case were learned from a source other than the prisoner, in fact the arresting officer told the whole affair." so despite her reticence it is learned that she was kidnapped, or perhaps stolen Is the more expressive word.
 The law of the state figures in this matter. The dog is being held at tho Jail under force of a search warrant in the nature of an attachment issued from the court of Judge I. H. Benners While this arm of the law deprives the dog of her liberty it Is understood that another is about to begin work for her freedom It was stated at the county jail last night that the negro who last had possession of the canine will take out papers this morning to institute habeas corpus proceeolngs in her behalf, with view of releasing her in equally as legal a manner as that in which she was im- prisoned and at the same time secure possession of the dog.
 Hence it is to be seen that the dog is more or less honored by being forcibly detained in the county jail while battle at law is in progress for her possession.
 It seems that a short time ago MT. Mor- gan. assistant superintendent of the Ala bama Boys Industrial school at East Lake, had his dog stolen. He finally To- cated a bulldog at a negro house be- tween the school and East Lake station which he said was his.
 MT. Morgan declares that he went to the negro house, which was occupied by one Will Wood, and demanded that the dog be turned over to him, claiming it as his own property. MT. Morgan states that when he undertook to assume possession of the animal the negro got shotgun and the white man left the place by reason of the threats of Wood.
 The negro had clipped the dogs ears in order to dlsfgure her and thereby veil her identity. It seems that the ami nal had a very remarkable spot on one ear and that the negro a1t that ear off right down to the head In an effort to get rid of the spot. But the spot cov- cred a small portion of the head and MT. Morgan identified the dog princi- pally by this remaining portion of the spot.
 MT. Morgan was not satisfied with being. run off by the negro, who was armed with a shotgun. and he consulted Deputy Sheriff Jack Brown. who resides at East Lake. MT. Brown advised him to secure search warrant, which was done, and the two men went after the dog.
 The negro's house was searched and the dog was finally found under the shanty and was attached forthwith. The canine was brought into Birmingham and was carried into Judge Bcnners court in order that provision might be made for her safekeeping. Judge Benners figured that the best way to keep her was to send her to jail. The walls about the prison are pretty high and there. was little probability of the animals jump ing out, so 1t was to jail with her.
 And now the animal has been forced to experience more than 2i hours of real prison life. She is not only confined within the cold walls but more than that she Is tied fast with chain.
 It is not known what the negros req sons are, but from some cause, it Is un- derstood, he does not care for the dog to be kept in jail. It may be out of sympathy. but probably not It may be that he believes he is the rlghtful owner of the animal. Still further, 1t may be that he does not particularly wish for the dog to testify against him.
 At any rate it was stated last night that the negro had made arrangement to institute habeas corpus proceedings in behalf of the bulldog. and 1t is un- derstood that the matter will be formally taken up in the courts today, so that the animal will be given over to the care of ono or the other of the two litigants be- fore the sun sets again.
 MT. Morgan states that there is no doubt in his mind that the dog is his and he declares that he can identify her by about 15O boys who are inmates of the industrial school at East Lake. How ever, 1t is probable that the dog can de- eide who her master is If she were turned loose in the courtroom and her master was present she would most like ly find him and thereby decide the case, leaving nothing for the judge to do.
 The little fight over the dog is prob ably the first of the kind to arise in Jeff ferson county. and maybe in Alabama. Tho Imprisonment of the animal at the county jail created no little interest yes- terday and there were many remarks about such intricate parts of the law of the land being made to involve bull dog.