Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-25

DR.. H. r. McKinstray, 1888 Carrolton
avenue, who was charged with petit lar
ceny and malicious destruction of prop
erty as a result Of the disappearance or
a Pekinese dog belonging to Mrs Skiles
r. Test, Rural route K /, was discharged
by Judge Walter Pritchard in city court
yesterday afternoon. DIR. AIcKinstray was
accused of having had the dog killed and
with keeping a harness which was on the
animal.
Mrs. Test testified the dog, which she
valued at 500 and which she had possessed
for seven years, disappeared the night
of July 8. She said she went away from
home the evening Of that date and when
she returned the dog was gone She de-
clared it had been IN the charge of col
ored man whose duty It was to care for
the dog. She told the court the animal
had been injured ard II was necessary to
keep a large canvass bag over Its rear
quarters, which were dragged on the
ground.
David johnson, the negro who had
charge of the dog, told the court he saw
1t going down a hill in front of the
Test home and he ran after it. He said
when he reached the road the dog was
gone and an automobile had just
passed.
BUTLER ADVISED
KILLING THE DOG.
DR.. George w. Butler, who Is connect
ed with the Federal Bureau Of Animal
Industry testified DR.. McKiustray had
called him and told him a dog had been
brought to his home and that he be
lieved it should be killed. He said he
called DR. Elizabeth Conger and told
her it would be humane to kill tho dog,
and added Or. Conger told him she
would send some one for it.
"As a rule don't you send two doc
tors to examine dogs7' Sidney Miller,
deputy prosecutor, asked. The defense
objected ami the question was with
drawn.
On tion Dr.. Butler said
DR.. McKinstray told him he had looked
in the newspapers for advertisements for
the dog and had found none.
At this point Mrs. Test was recalled
to the stand. She testified she had placed
advertisements in tho newspapers and
that she had response from DR.. Nc
Kinstray two days after the dog dtsap-
peared. She said the doctor had talked
TO her sister. She also testified the har-
ness was worth &c. but she made no de-
mand for its return.
DR.. Conger was called to the stand and
when asked her connection with the dog
pound said It had to do with friendly
supervision" She declared she had
talked with Or. Butler about the dog and
that he had asked her to send some one
to kill II. She also stated she he d been
told the dog was killed at once. al
though It Is customary to hold them
from five to seven days.
DOG POUND
EMPIOYE TESTTFIES.
Otto l.. Holderman, an employe Of the
dog pound, told the court he went after
the dog and had obtained 1t from
woman at DR.. Wednesdays house. He
said he did not see DR.. McKinstray and
that he Immediately took the dog to the
pound and killed it. He said he knew
IL was a valuable animal, but that he
did not examine It closely. Holderman
stated the dog had no harness on It and
that II 1t had he would have investi-
gated its ownership. He thought It was
DR.. Wednesdays dog, he testified. The
dog was not valuable In the condition
In which he found 1t, he stated on cross
examination.
At this point the State rested and
DR.. McKinstray was called 10 the stand
The doctor said the dog was brought
to his house about - 80 o'clock July g.
He described the dog as being deformed
anu dh NfAtllE u canvass bdE NNtA IL
rear quarters. He stated the bag had
n large hole in 1t an dthat the skin was
worn of the dogs legs He saw no adj
vertisement until two days after the dog
was killed and he then Immediately
called on the Tests. Or. McKinstray
stated.
In answer to a question as to whether
any one had communicated with him later
about the dog, he said Joseph !. Ryan. an
attorney employed to assist the State,
called on him and asked him who gave
him the dog. He told Mr. Ryan he had
nothing to say Later. he said, Mr.. Ryan
called him by telephone and told him he
would tell him where he got the dog but
the doctor replied he did not wish the
charges dismissed
On cross examination. Mr.. Ryan asked
him who brought him the dog and he