O. Henry Memorial Award Prize Stories of 1919 by Various
page 290 of 410 (70%)
page 290 of 410 (70%)
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still watching him, felt his mother's grip on his arm. Everyone was
listening so closely that the whispered sneering comment of Old Man Thornycroft to the man next to him was audible, "What's all this got to do with the case?" "The p'int I'm gettin' to is this," went on Mr. Kirby, not paying attention to him: "a dog is not like a cow or a horse or any four-footed critter. He's a individual, an' so the courts have held in spirit if not in actual words. Now this court of mine here in Tom Belcher's sto, ain't like other courts. I have to do the decidin' myself; I have to interpret the true spirit of the law, without technicalities an' quibbles such as becloud it in other an' higher courts. An' I hold that since a dog is _de facto_ an' _de jure_ an individual, he has a right to life, liberty an' the pursuit of happiness. "Therefore, gentlemen, I hold that that houn' dog, Buck, had a perfect right to follow that boy, Davy Allen, there; an' I hold that Davy Allen was not called on to drive that dog back, or interfere in any way with that dog followin' him if the dog so chose. You've heard the evidence of the boy. You know, an' I know, he has spoke the truth this day, an' there ain't no evidence to the contrary. The boy did not entice the dog. He even went down the road, leavin' him behind. He run back only when the dog was in dire need an' chokin' to death. He wasn't called on to put that block an' chain back on the dog. He couldn't help it if the dog followed him. He no more stole that dog than I stole him. He's no more a thief than I am. I dismiss this case, Mr. Thornycroft, this case you've brought against Davy Allen. I declare him innocent of the charge of theft. I set it down right here on the records of this court." "Davy!" gasped Mrs. Allen. "Davy!" |
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