Attorney and client -- Fiction; Law firms -- Fiction; Legal stories; New York (N.Y.) -- Fiction
"Now in the case at bar, first there is clearly no evidence that this
defendant knew or ever suspected that the dog Andrew was otherwise than
of a mild and gentle disposition. That is, there is no evidence whatever
of _scienter_. In fact, except in this single instance there is no
evidence that Andrew ever bit anybody. Thus, in the word of Holy Writ
the defendant Appleboy should be quit, and in the language of our own
courts he must be held harmless. Secondly, moreover, it appears that the
complainant deliberately put himself in the way of the dog Andrew, after
full warning. I move that the jury be directed to return a verdict of
not guilty."
"Motion granted," nodded Judge Witherspoon, burying his nose in his
handkerchief. "I hold that every dog is entitled to one bite."
"Gentlemen of the jury," chanted the clerk: "How say you? Do you find
the defendant guilty or not guilty?"
"Not guilty," returned the foreman eagerly, amid audible evidences of
satisfaction from the Abyssinian brother, the Baby's World editor and
the others. Mr. Appleboy clung to Tutt's hand, overcome by emotion.
"Adjourn court!" ordered the judge. Then he beckoned to Mr. Appleboy.
"Come up here!" he directed.
Timidly Mr. Appleboy approached the dais.
"Don't do it again!" remarked His Honor shortly.
"Eh? Beg pardon, Your Honor, I mean--"
"I said: 'Don't do it again!'" repeated the judge with a twinkle in his
eye. Then lowering his voice he whispered: "You see I come from
Livornia, and I've known Andrew for a long time."
As Tutt guided the Appleboys out into the corridor the party came face
to face with Mr. and Mrs. Tunnygate.
"Huh!" sneered Tunnygate.
"Huh!" retorted Appleboy.
Wile Versus Guile
For 'tis the sport to have the engineer
Hoist with his own petar.--HAMLET.
It was a mouse by virtue of which Ephraim Tutt had leaped into fame. It
is true that other characters famous in song and story--particularly in
"Mother Goose"--have similarly owed their celebrity in whole or part to
rodents, but there is, it is submitted, no other case of a mouse, as
mouse _per se_, reported in the annals of the law, except Tutt's mouse,
from Doomsday Book down to the present time.
Yet it is doubtful whether without his mouse Ephraim Tutt would ever
have been heard of at all, and same would equally have been true if when
pursued by the chef's gray cat the mouse aforesaid had jumped in another
direction. But as luck would have it, said mouse leaped foolishly into
an open casserole upon a stove in the kitchen of the Comers Hotel, and
Mr. Tutt became in his way a leader of the bar.
It is quite true that the tragic end of the mouse in question has
nothing to do with our present narrative except as a side light upon the
vagaries of the legal career, but it illustrates how an attorney if he
expects to succeed in his profession, must be ready for anything that
comes along--even if it be a mouse.
Public-domain text, read in full here on John Shaqi.
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