Evening star., 1926-04-04

, nounced the judge as the clerk
handed him the complaint, and in
stantly the packed room became 81
lent. THE defendant, Old Duke, is on
trial before me for the offense of
sheep killing under section 81 of the
Kentucky statutes, which provides
that justice of the peace, on proof
that any dog is mad, or has been
bitten by a mad dog. or has killed or
wounded any sheep, shall order such
a dog to be killed.
THE affiant in the knowing papers
upon which | have issued the sum
mons, to wit, Samuel Bullock, senior,
a citizen of this town, has sworn that
Old Duke, owned by Maj Louis
d'Auriac. killed sheep belonging to
said Bullock during the night of
May IL
"Iiow says the defendant? Does he
plead guilty or not guilty.
Before his counsel could respond,
Maj. d'Auriac. who had been nervous
ly twirling his mustache, bobbed TO
his feet.
Il protest" he cried i'm a shak-
ing voice amid a profound silence
against Judge Peyton presiding in
this case EIe has publicly expressed
sentiments toward myself that make
it improper for him to act where my
interests are involved. | appeal to
his sense of honor--if he has any"
Father whispered Rene in hot>
ror. grasping the major by the arm.
An angry red slowly rose over
Judge Peyton's rubicund face. The
spectators, thrilled, craned their heads
delightedly. The major and the
Judge were bristling at one another
like a little gamecock and a mastiff.
Il protest" continued the major.
It"
The Judge banged angrily with his
gavel.
Father groaned Rene. Please"
And he pulled the feebly resisting old
gentleman back into his chair.
call the jury" directed Judge Pey
ton. whose face had once more re-
sumed its normal color.
THE box was quickly filled, neither
side challenged, the jury was sworn
and the district attorney stated his
case. He confessed that his task was
Duke well and had always believed
him to be a quiet and well-behaved
dog. AT the mention of his name the
hound half rose and looked up into
his face. The jury nodded They,
too, knew Old Duke well. But, con
tinued the prosecutor, the evidence
was convincing and the law was clear.
If the dog was Il sheep worrier he
must die. 1t would be the jury's duty
to find the defendant guilty and leave
the sentence to the wisdom and mercy
of Judge Peyton. He bowed and
called William Evans to the chair.
There was no question as to the
witness sincerity. He was, he said,
employed by Mr.. Samuel Bullock as
farmer and shepherd. On the night
of May IA he was just going TO bed
when he head a wild bleating and
stampede of sheep. 1t was a fine,
clear night with the moon nearly al
the full and low mist hanging over
the meadow He hurried out of the
yard just as the frightened sheep
came pouring in through the gate out
of the mist. In the rear of the flock
he could see a dog running in and
out and jumping at their throats. At
sight of him the dog abandoned his
quarry and darted off into the mist
again. He counted the sheep and
found that one was missing, fastened
the flock into the inclosure and
started across the pasture to see what
he could find. The sheepfold was in
depression and as he came up the
rise he left the mist behind and below
him and emerged into the clear moon
light Instantly he saw the dead
sheen living white on a small hillock
not so yards away. Standing beside
it was dog, dog with a white belt
and a white patch over one eye. He
positively identified Old Duke as that
dog. He had known him for years;
could not be mistaken. The prosecu-
tor shrugged his shoulders and sat
down. That was the case; and 1t was
L. i l.
and the jury glanced at one another
uneasily. The evidence was more
positive than they had anticipated.
But Mr.. Townsend, the old lawyer re-
tanned by the d'Auriacs, was getting
up. He asked the shepherd if he
heard him Alright to say that he had
known Old Duke for years. The man
answered that he had. Had he ever
known him to kill or attack sheep?
No. What was Old Dukes reputation
for peace and gentleness-wasn't 1t
of the best? The witness readily ad-
mitted that it was. Then Mr.. Town
send paused for moment while he
caressed his long. lantern jaw.
"Why didn't you kill Old Duke then
and there when you found he had
murdered the Sheep" he asked gently.
Even Judge Pevton seemed to
await the answer with interest,
Because / didn't want to- finally
answered the witness.
You were satisfied he had killed
the Sheep
Yes"
did YOU refrain from killing him
because you doubted your legal right
to do so?"
mo"
Then why didn't you kill him.
There was a long silence. broken
only by the thump of the hounds tail.
He knew all these friends of his were
talking about him.
well" answered Evans at length,
II had about made up my mind to