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!"
But, face working, eyes blazing, Old Man Thornycroft started forward,
and the dog, panting, shrank between boy and mother. "Jim Kirby!" cried
the old man, stopping for a moment in the cleared space. "You're
magistrate. What you say goes. But that dog thar--he's mine! He's my
property--mine by law!" He jerked a piece of rope out of his overcoat
pocket and came on toward the cowering dog.
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