Elbow-Room Part 26

One day I met Mr. b.u.t.terwick in the street leading his dog with a chain. He said that it was a very valuable dog and he was anxious to get it safely home, but he had to catch a train, and I would confer a personal favor upon him if I would take the dog to my house and keep it until he returned from the city. The undertaking was not a pleasant one, but I disliked to disoblige b.u.t.terwick, and so I consented.

b.u.t.terwick gave me his end of the chain and left in a hurried manner.

I got the dog home with the greatest difficulty, and turned it into the cellar. About an hour later I received a telegram from b.u.t.terwick saying that he had been compelled to go down to the lower part of Jersey, and that he wouldn't be home for a week or two. That was on the 12th of June, and after that time only two persons entered the cellar. The hired girl went down once after the cold beef, and came up disheveled and bleeding, with a number of appalling dog-bites in her legs, and I descended immediately afterward for the purpose of pacifying the infuriated animal. He did not feel disposed to become calm, however, and I deem it probable that if I had not suddenly clambered into the coal-bin, where I remained until he fell asleep in a distant corner about four hours later, I should certainly have been torn to pieces. We thought we would have to try to get along with out using the cellar until b.u.t.terwick could come up and take away his dog.

But b.u.t.terwick wrote to say that he couldn't come, and the dog, after eating everything in the cellar and barking all through every night, finally bolted up stairs into the kitchen on the 2d of July, and established himself in the back yard. After that we used the front door exclusively while we were waiting for b.u.t.terwick to come up. The dog had fits regularly, and he always got on the geranium-bed when he felt them coming on; and consequently, we did not enjoy our flowers as much as we hoped to. The cherries were ripe during the reign of b.u.t.terwick's dog, but they rotted on the trees, all but a few, which were picked by Smith's boy, who subsequently went over the fence in a sensational manner without stopping to ascertain what b.u.t.terwick's dog was going to do with the mouthful of drawers and corduroy trousers that he had removed from Smith's boy's leg. As b.u.t.terwick did not come up, the dog enjoyed himself roaming about the yard a while; but one day, finding the back window in the parlor open, he jumped in and a.s.sumed control of that apartment and the hall. I tried to dislodge him with a clothes-prop, but I only succeeded in knocking two costly vases off of the mantel-piece, and the dog became so excited and threatening that I shut the door hurriedly and went up stairs four steps at a time.

[Ill.u.s.tration: SMITH'S BOY RETREATS]

There was nothing to interest him especially in the parlor, and I cannot imagine why he wanted to stay there. But he did; and as b.u.t.terwick didn't come up, we couldn't dislodge him. On Thursday he smashed the mirror during an attempt to get up a fight with another dog that he thought he saw in there, and he clawed the sofa to rags.

On Sat.u.r.day he had a fit in the hall, and spoiled about eight square yards of Brussels carpet utterly. When he recovered, he went back into the parlor. At last I borrowed Coffin's dog and sent him in to fight b.u.t.terwick's dog out. It was an exhilarating contest. They fought on the chairs and sofas; they upset a table and smashed all the ornaments on it; they scattered blood and hair in blotches all over the carpet; they got entangled in one of the lace curtains and dragged it and the frame down with a crash; they scratched and bit and tore and frothed and yelled; and at last Coffin's dog gave in, put his tail between his legs and retreated, while b.u.t.terwick's dog got on a sixty-dollar Turkish rug, so that he could bleed comfortably.

It didn't seem to occur to him to go home, and still b.u.t.terwick didn't come up. The next day I loaded a shot-gun and determined to kill him at any sacrifice. I aimed carefully at him, but at the critical moment he dodged, and two handfuls of bird-shot went into the piano and tore it up badly. Then I tossed some poisoned meat' at him, but he ate all around the poison, and seemed to feel better after the meal than he had done for years. Finally, b.u.t.terwick came home, and he called to get his dog. He entered the parlor bravely and attempted to seize the animal, when it bit him. I was never so glad in my life. Then b.u.t.terwick got mad; and seizing the dog by the tail, he smashed him through my French gla.s.s window into the street. Then I was not so very glad. Then the dog went mad and a policeman killed him. The next time I am asked to take a strange dog home I will kill him to begin with.

When I explained to Colonel Coffin the unpleasant nature of my experience with Mr. b.u.t.terwick's dog, the colonel said that he had had a good deal to do lately, in a legal way, with dogs; and he gave me the facts respecting two interesting cases. The first was Tompkins'

case.

A man called at the colonel's law-office one day and said,

"Colonel, my name is Tompkins. I called to see you about a dog difficulty that bewilders me, and I thought maybe you might throw some light on it--might give me the law points, so's I'd know whether it was worth while suing or not.

"Well, colonel, you see me and Potts went into partnership on a dog; we bought him. He was a setter; and me and Potts went shares on him, so's to take him out a-hunting. It was never exactly settled which half of him I owned and which half belonged to Potts; but I formed an idea in my own mind that the hind end was Tompkins' and the front end Potts'. Consequence was that when the dog barked I always said, 'There goes Potts half exercising himself;' and when the dog's tail wagged, I always considered that my end was being agitated. And, of course, when one of my hind legs scratched one of Potts' ears or one of his shoulders, I was perfectly satisfied--first, because that sort of thing was good for the whole dog; and, second, because the thing would get about even when Potts' head would reach around and bite a flea off my hind legs or snap at a fly.

"Well, things went along smooth enough for a while, until one day that dog began to get into the habit of running around after his tail. He was the foolishest dog about that I ever saw. Used to chase his tail round and round until he'd get so giddy he couldn't bark. And you know I was scared lest it might hurt the dog's health; and as Potts didn't seem to be willing to keep his end from circulating in pursuit of my end, I made up my mind to chop the dog's tail off, so's to make him reform and behave. So last Sat.u.r.day I caused the dog to back up agin a log, and then I suddenly dropped the axe on his tail pretty close up, and the next minute he was running around that yard howling like a boat-load of wild-cats. Just then Potts came up, and he let on to be mad because I'd cut off that tail. One word brought on another; and pretty soon Potts set that dog on me--my own half too, mind you--and the dog bit me in the leg. See that! look at that leg! About half a pound gone; et up by that dog.

"Now, what I want to see you about is this: Can't I recover damages for a.s.sault and battery from Potts? What I chopped off belonged to me, recollect. I owned an undivided half of that setter pup, from the tip of his tail clear up to his third rib, and I had a right to cut away as much of it as I'd a mind to; while Potts, being sole owner of the dog's head, is responsible when he bites anybody, or when he barks at nights."

"I don't know," replied the colonel, musingly. "There haven't been any decisions on cases exactly like this. But what does Mr. Potts say upon the subject?"

"Why, Potts' view is that I divided the dog the wrong way. When he wants to map out his half he draws a line from the middle of the nose right along the spine and clear to the end of the tail. That gives me one hind leg and one fore leg and makes him joint proprietor in the tail. And he says that if I wanted to cut off my half of the tail I might have done it, and he wouldn't've cared, but what made him mad was that I wasted his property without consulting him. But that theory seems to me a little strained; and if it's legal, why, I'm going to close out my half of the dog at a sacrifice sooner than hold any interest in him on those principles. Now, what do you think about it?"

"Well," said the colonel, "I can hardly decide so important a question off-hand; but at the first glance my opinion is that you own the whole dog, and that Potts also owns the whole dog. So when he bites you, a suit won't lie against Potts, and the only thing you can do to obtain justice is to make the dog bite Potts also. As for the tail, when it is separated from the dog it is no longer the dog's tail, and it is not worth fighting about."

"Can't sue Potts, you say?"

"I think not."

"Can't get damages for the piece that's been bit out of me?"

"I hardly think you can."

"Well, well, and yet they talk about American civilization, and temples of justice, and such things! All right. Let it go. I can stand it; but don't anybody ever undertake to tell me that the law protects human beings in their rights. Good-morning."

"Wait a moment, Mr. Tompkins; you've forgotten my fee."

"F-f-f-fee! Why, you don't charge anything when I don't sue, do you?"

"Certainly, for my advice. My fee is ten dollars."

"Ten dollars! Ten dollars! Why, colonel, that's just what I paid for my half of that dog. I haven't got fifty cents to my name. But I'll tell you what I'll do: I'll make over all my rights in that setter pup to you, and you kin go round and fight it out with Potts. If that dog bites me again, I'll sue you and Potts as sure as my name's Tompkins."

The other case was of a somewhat more serious character. Upon a subsequent occasion a man hobbled into the office upon crutches.

Proceeding to a chair and making a cushion of some newspapers, he sat down very gingerly, placed a bandaged leg upon another chair, and said,

"Col. Coffin, my name is. Briggs. I want to get your opinion about a little point of law. Now, colonel, s'posin' you lived up the 'pike here a half a mile, next door to a man named Johnson. And s'posin' you and Johnson was to get into an argument about the human intellect, and you was to say to Johnson that a splendid ill.u.s.tration of the superiority of the human intellect was to be found in the power of the human eye to restrain the ferocity of a wild animal. And s'posin'

Johnson was to remark that that was all bosh, because n.o.body _could_ hold a wild animal with the human eye, and you should declare that you could hold the savagest beast that was ever born if you could once fix your gaze on him.

"Well, then, s'posin' Johnson was to say he'd bet a hundred dollars he could bring a tame animal that you couldn't hold with your eye, and you was to take him up on it, and Johnson was to ask you to come down to his place to settle the bet. You'd go, we'll say, and Johnson'd wander round to the back of the house and pretty soon come front again with a dog bigger'n any four decent dogs ought to be. And then s'posin' Johnson'd let go of that dog and set him on you, and he'd come at you like a sixteen-inch sh.e.l.l out of a howitzer, and you'd get scary about it and try to hold the dog with your eye, and couldn't. And s'posin' you'd suddenly conclude that maybe your kind of an eye wasn't calculated to hold that kind of a dog, and you'd conclude to run for a plum tree in order to have a chance to collect your thoughts, and to try to reflect what sort of an eye would be best calculated to mollify that sort of a dog. You ketch my idea, of course?

"Very well, then; s'posin you'd take your eye off of that dog, Johnson, mind you, all the time hissing him on and laughing, and you'd turn and rush for the tree, and begin to swarm up as fast as you could. Well, sir, s'posin' just as you got three feet from the ground Johnson's dog would grab you by the leg and hold on like a vise, shaking you until you nearly lost your hold. And s'posin' Johnson was to stand there and holloa, "Fix your eye on him, Briggs! Why don't you manifest the power of the human intellect?" and so on, howling out ironical remarks like those; and s'posin' he kept that dog on that leg until he made you swear to pay the bet, and then at last had to pry the dog off with a hot poker, bringing away at the same time some of your flesh in the dog's mouth, so that you had to be carried home on a stretcher, and to hire several doctors to keep you from dying with lockjaw.

"S'posin' this, what I want to know is, couldn't you sue Johnson for damages and make him pay heavily for what that dog did? That's what I want to get at."

The colonel thought for a minute and then said, "Well, Mr. Briggs, I don't think I could. If I agreed to let Johnson set the dog at me, I should be a party to the transaction and I could not recover."

"Do you mean to say that the law won't make that infernal scoundrel Johnson suffer for letting his dog eat me up?"

"I think not, if you state the case properly."

"It won't, hey?" exclaimed Mr. Briggs, hysterically. "Oh, very well, very well! I s'pose if that dog had chewed me all up and spit me out it'd've been all the same to this const.i.tutional republic. But hang me if I don't have satisfaction. I'll kill Johnson, poison his dog, and emigrate to some country where the rights of citizens are protected.

If I don't, you may bust me open!"

Then Mr. Briggs got on his crutches and hobbled out. He is still a citizen, and will vote at the next election.

CHAPTER XXV.

_A PERSECUTED JOURNALIST_.

That the editor of every daily paper is persecuted by poetasters is an unquestionable fact; and it is probable that some of the worst of the sufferers would be justified in taking extreme measures to protect themselves from such outrages. But that Major Slott of _The Patriot_ ever proposed to murder a poet in self-defence I doubt. The editor of a rival sheet in our county declares, however, that the major actually thirsts for blood; and in proof of the a.s.sertion he has printed the following narrative, which, he says, he obtained from Mr. Grady, the policeman:

"One day recently the major sent for a policeman; and when Mr. Grady, of the force, arrived, the major shut the door of his sanctum and asked him to take a seat.

"Mr. Grady," he said, "your profession necessarily brings you into contact with the criminal cla.s.ses and familiarizes you with them. This is why I have sent for you. My business is of a confidential nature, and I trust to your honor to regard it as a sacred trust confided in you. Mr. Grady, I wish to ascertain if among your acquaintances of the criminal sort you know of any one who is a professional a.s.sa.s.sin--who rents himself out to any one who wants to destroy a fellow-creature?

Do you know of such a person?'

"'I dunno as I do,' said Mr. Grady, thoughtfully rubbing his chin.

'There's not much demand for murderers now.'

"'Well,' said the editor, 'I wish you'd look around and see if you can light on such a man, and get him to do a little job for me. I want a butcher who will slay a person whom I will designate. I don't care how he does it. He may stab him, or drown him, or bang him with a shot-gun. It makes no difference to me; I will pay him all the same.

Now, will you get me such a man?'

"'I s'pose I might. I'll look round, any way.'

"'Between you and me,' said the editor, 'the chap I'm going to a.s.sa.s.sinate is a poet--a fellow named Markley. He has been sending poetry to this paper every day for eight months. I never printed a line, but he keeps stuffing it in as if he thought I was depositing it in the bank and drawing interest on it. Well, sir, it's got to be so bad that it annoys me terribly. It keeps me awake at night. I'm losing flesh. That man and his poetry haunt me. I'm getting gloomy and morose. Life is beginning to pall upon me. I seem to be under the influence of a perpetual nightmare. I can't stand it much longer, Mr.

Grady; my reason will totter upon its throne. Here, only this morning, he sent me a poem ent.i.tled "Lines to Hannah." Are you fond of poetry, Grady?'