"Ouch! O—o—oh!" he yelled in agony. "Oh!"
"Come here, Andrew!" said Mr. Appleboy mildly. "Good doggy! Come here!"
But Andrew paid no attention. He had firmly affixed himself to the base of Mr. Tunnygate's personality without any intention of being immediately detached. And he had selected that place, taken aim, and discharged himself with an air of confidence and skill begotten of lifelong experience.
"Oh! O—o—oh!" screamed Tunnygate, turning wildly and clawing through the hedge, dragging Andrew after him. "Oh! O—oh!"
Mrs. Tunnygate rushed to the door in time to see her spouse lumbering up the beach with a white object gyrating in the air behind him.
"What's the matter?" she called out languidly. Then perceiving the matter she hastily followed. The Appleboys were standing on their lawn viewing the whole proceeding with ostentatious indifference.
Up the beach fled Tunnygate, his cries becoming fainter and fainter. The two clam diggers watched him curiously, but made no attempt to go to his assistance. The man in the field leaned luxuriously upon his hoe and surrendered himself to unalloyed delight. Tunnygate was now but a white flicker against the distant sand. His wails had a dying fall: "O—o—oh!"
"Well, we warned him!" remarked Mr. Appleboy to Bashemath with a smile in which, however, lurked a slight trace of apprehension.
"We certainly did!" she replied. Then after a moment she added a trifle anxiously: "I wonder what will happen to Andrew!"
Tunnygate did not return. Neither did Andrew. Secluded in their kitchen living-room the Appleboys heard a motor arrive and through a crack in the door saw it carry Mrs. Tunnygate away bedecked as for some momentous ceremonial. At four o'clock, while Appleboy was digging bait, he observed another motor making its wriggly way along the dunes. It was fitted longitudinally with seats, had a wire grating and was marked "N.Y.P.D." Two policemen in uniform sat in front. Instinctively Appleboy realized that the gods had called him. His heart sank among the clams. Slowly he made his way back to the lawn where the wagon had stopped outside the hedge.
"Hey there!" called out the driver. "Is your name Appleboy?"
Appleboy nodded.
"Put your coat on, then, and come along," directed the other. "I've got a warrant for you."
"Warrant?" stammered Appleboy dizzily.
"What's that?" cried Bashemath, appearing at the door. "Warrant for what?"
The officer slowly descended and handed Appleboy a paper.
"For assault," he replied. "I guess you know what for, all right!"
"We haven't assaulted anybody," protested Mrs. Appleboy heatedly. "Andrew—"
"You can explain all that to the judge," retorted the cop. "Meantime put on your duds and climb in. If you don't expect to spend the night at the station you'd better bring along the deed of your house so you can give bail."
"But who's the warrant for?" persisted Mrs. Appleboy.
"For Enoch Appleboy," retorted the cop wearily. "Can't you read?"
"But Enoch didn't do a thing!" she declared. "It was Andrew!"
"Who's Andrew?" inquired the officer of the law mistrustfully.
"Andrew's a dog," she explained.
"Mr. Tutt," announced Tutt, leaning against his senior partner's door jamb with a formal-looking paper in his hand, "I have landed a case that will delight your legal soul."
"Indeed?" queried the elder lawyer. "I have never differentiated between my legal soul and any other I may possess. However, I assume from your remark that we have been retained in a matter presenting some peculiarly absurd, archaic or otherwise interesting doctrine of law?"
"Not directly," responded Tutt. "Though you will doubtless find it entertaining enough, but indirectly—atmospherically so to speak—it touches upon doctrines of jurisprudence, of religion and of philosophy, replete with historic fascination."
"Good!" exclaimed Mr. Tutt, laying down his stogy. "What kind of a case is it?"
"It's a dog case!" said the junior partner, waving the paper. "The dog bit somebody."
"Ah!" exclaimed Mr. Tutt, perceptibly brightening. "Doubtless we shall find a precedent in Oliver Goldsmith's famous elegy:
"And in that town a dog was found,
As many dogs there be,
Both mongrel, puppy, whelp, and hound,
And curs of low degree."
"Only," explained Tutt, "in this case, though the man recovered of the bite, the dog refused to die!"
"And so they want to prosecute the dog? It can't be done. An animal hasn't been brought to the bar of justice for several centuries."
"No, no!" interrupted Tutt. "They don't—"
"There was a case," went on Mr. Tutt reminiscently "Let me see—at Sauvigny, I think it was—about 1457, when they tried a sow and three pigs for killing a child. The court assigned a lawyer to defend her, but like many assigned counsel he couldn't think of anything to say in her behalf. As regards the little pigs he did enter the plea that no animus was shown, that they had merely followed the example of their mother, and that at worst they were under age and irresponsible. However, the court found them all guilty, and the sow was publicly hanged in the market place."
"What did they do with the three little pigs?" inquired Tutt with some interest.
"They were pardoned on account of their extreme youth," said Mr. Tutt, "and turned loose again—with a warning."
"I'm glad of that!" sighed Tutt. "Is that a real case?"
"Absolutely," replied his partner. "I've read it in the Sauvigny records."
"I'll be hanged!" exclaimed Tutt. "I never knew that animals were ever held personally responsible."
"Why, of course they were!" said Mr. Tutt. "Why shouldn't they be? If animals have souls why shouldn't they be responsible for their acts?"
"But they haven't any souls!" protested Tutt.
"Haven't they now?" remarked the elder lawyer. "I've seen many an old horse that had a great deal more conscience than his master. And on general principles wouldn't it be far more just and humane to have the law deal with a vicious animal that had injured somebody than to leave its punishment to an irresponsible and arbitrary owner who might be guilty of extreme brutality?"
"If the punishment would do any good—yes!" agreed Tutt.
"Well, who knows?" meditated Mr. Tutt. "I wonder if it ever does any good? But anybody would have to agree that responsibility for one's acts should depend upon the degree of one's intelligence—and from that point of view many of our friends are really much less responsible than sheep."
"Which, as you so sagely point out, would, however be a poor reason for letting their families punish them in case they did wrong. Just think how such a privilege might be abused! If Uncle John didn't behave himself as his nephews thought proper they could simply set upon him and briskly beat him up."
"Yes, of course, the law even to-day recognizes the right to exercise physical discipline within the family. Even homicide is excusable, under
"That's a fine relic of barbarism!" remarked Tutt. "But the child soon passes through that dangerous zone and becomes entitled to be tried for his offenses by a jury of his peers; the animal never does."
"Well, an animal couldn't be tried by a jury of his peers, anyhow," said Mr. Tutt.
"I've