He felt almost gay as he threaded his way through the crowds along

Broadway. Somehow a tremendous load had been lifted from his shoulders

He would no longer be obliged to lead a sneaking, surreptitious

existence. He felt like shouting with joy now that he could look the

world frankly in the face. The genuine agony he had endured during the

past three weeks loomed like a sickness behind him. He had been a

fool--and there was no fool like an old one. Just let him get back to

his old Abigail and there'd be no more wandering-boy business for him!

Abigail might not have the figure or the complexion that Georgie had,

but she was a darn sight more reliable. Henceforth she could have him

from five p.m. to nine a.m. without reserve. As for kicking over the

traces, sowing wild oats and that sort of thing, there was nothing in it

for him. Give him Friend Wife.

He stopped at the florist's and, having paid a bill of thirty-six

dollars for Georgie's flowers, purchased a double bunch of violets and

carried them home with him. Abigail was watching for him out of the

window. Something warm rushed to his heart at the sight of her. Through

the lace curtains she looked quite trim.

"Hello, old girl!" he cried, as she opened the door. "Waiting for me,

eh? Here's a bunch of posies for you."

And he kissed her on the cheek.

"That's more than I ever did to Georgie," he said to himself.

"Why, Samuel!" laughed Abigail with a faded blush. "What's ever got into

you?"

"Dunno!" he retorted gaily. "The spring, I guess. What do you say to a

little dinner at a restaurant and then going to the play?"

She bridled--being one of the generation who did such things--with

pleasure.

"Seems to me you're getting rather extravagant." she objected. "Still--"

"Oh, come along!" he bullied her. "One of my clients collected five

thousand dollars this afternoon."

Tutt summoned a taxi and they drove to the brightest, most glittering of

Broadway hostelries. Abigail had never been in such a chic place before.

It half terrified and shocked her, all those women in dresses that

hardly came up to their armpits. Some of them were handsome though. That

slim one at the table by the pillar, for instance. She was really quite

lovely with that mass of yellow-golden hair, that startlingly white

skin, and those misty China-blue eyes. And the gentleman with her, the

tall man with the pink cheeks, was very handsome, too.

"Look, Samuel," she said, touching his hand. "See that good-looking

couple over there."

But Samuel was looking at them already--intently. And just then the

beautiful woman turned and, catching sight of the Tutts, smiled

cordially if somewhat roguishly and raised her glass, as did her

companion. Mechanically Tutt elevated his. The three drank to one

another.

"Do you know those people, Samuel?" inquired Mrs. Tutt somewhat stiffly.

"Who are they?"

"Oh, those over there?" he repeated absently. "I don't really know what

the lady's name is, she's been down to our office a few times. But the

man is Winthrop Oaklander--and the funny part of it is, I always thought

he was a clergyman."

Later in the evening he turned to her between the acts and remarked

inconsequently: "Say, Abbie, do I look as if I'd just had my hair cut?"

The Dog Andrew

"Every dog is entitled to one bite."--UNREPORTED

OPINION OF THE APPELLATE DIVISION OF THE NEW

YORK SUPREME COURT.

"Now see here!" shouted Mr. Appleboy, coming out of the boathouse, where

he was cleaning his morning's catch of perch, as his neighbor Mr.

Tunnygate crashed through the hedge and cut across Appleboy's parched

lawn to the beach. "See here, Tunnygate, I won't have you trespassing on

my place! I've told you so at least a dozen times! Look at the hole

you've made in that hedge, now! Why can't you stay in the path?"

His ordinarily good-natured countenance was suffused with anger and

perspiration. His irritation with Mr. Tunnygate had reached the point of

explosion. Tunnygate was a thankless friend and he was a great cross to

Mr. Appleboy. Aforetime the two had been intimate in the fraternal,

taciturn intimacy characteristic of fat men, an attraction perhaps akin

to that exerted for one another by celestial bodies of great mass, for

it is a fact that stout people do gravitate toward one another--and hang

or float in placid juxtaposition, perhaps merely as a physical result of

their avoirdupois. So Appleboy and Tunnygate had swum into each other's

spheres of influence, either blown by the dallying winds of chance or

drawn by some mysterious animal magnetism, and, being both addicted to

the delights of the soporific sport sanctified by Izaak Walton, had

raised unto themselves portable temples upon the shores of Long Island

Sound in that part of the geographical limits of the Greater City known

as Throggs Neck.

Every morn during the heat of the summer months Appleboy would rouse

Tunnygate or conversely Tunnygate would rouse Appleboy, and each in his

own wobbly skiff would row out to the spot which seemed most propitious

to the piscatorial art. There, under two green umbrellas, like two fat

rajahs in their shaking howdahs upon the backs of two white elephants,

the friends would sit in solemn equanimity awaiting the evasive cunner,

the vagrant perch or cod or the occasional flirtatious eel. They rarely

spoke and when they did the edifice of their conversation--their Tower

of Babel, so to speak--was monosyllabic. Thus:

"Huh! Ain't had a bite!"

"Huh!"

"Huh!"

Silence for forty minutes. Then: "Huh! Had a bite?"

"Nope!"

"Huh!"

That was generally the sum total of their interchange Yet it satisfied

them, for their souls were in harmony. To them it was pregnant of

unutterable meanings, of philosophic mysteries more subtle than those of

the esoterics, of flowers and poetry, of bird-song and twilight, of all

the nuances of softly whispered avowals, of the elusive harmonies of

love's half-fainting ecstasy.

"Huh!"

"Huh!"

And then into this Eden--only not by virtue of the excision of any

vertebra such as was originally necessary in the case of Adam--burst

woman. There was silence no longer. The air was rent with clamor; for

both Appleboy and Tunnygate, within a month of one another, took unto

themselves wives. Wives after their own image!

For a while things went well enough; it takes ladies a few weeks to find

out each other's weak points. But then the new Mrs. Tunnygate

unexpectedly yet undeniably began to exhibit the serpent's tooth, the

adder's tongue or the cloven hoof--as the reader's literary traditions

may lead him to prefer. For no obvious reason at all she conceived a

violent hatred of Mrs. Appleboy, a hatred that waxed all the more

virulent on account of its object's innocently obstinate refusal to

comprehend or recognize it. Indeed Mrs. Tunnygate found it so difficult

to rouse Mrs. Appleboy into a state of belligerency sufficiently

interesting that she soon transferred her energies to the more worthy

task of making Appleboy's life a burden to him.

To this end she devoted herself with a truly Machiavellian ingenuity,

devising all sorts of insults irritations and annoyances, and adding to

the venom of her tongue the inventive cunning of a Malayan witch doctor.

The Appleboys' flower-pots mysteriously fell off the piazza, their

thole-pins disappeared, their milk bottles vanished, Mr. Appleboy's fish

lines acquired a habit of derangement equaled only by barbed-wire

entanglements, and his clams went bad! But these things might have been

borne had it not been for the crowning achievement of her malevolence,

the invasion of the Appleboys' cherished lawn, upon which they lavished

all that anxious tenderness which otherwise they might have devoted to a

child.

It was only about twenty feet by twenty, and it was bordered by a hedge

of moth-eaten privet, but anyone who has ever attempted to induce a

blade of grass to grow upon a sand dune will fully appreciate the

deviltry of Mrs. Tunnygate's malignant mind. Already there was a horrid

rent where Tunnygate had floundered through at her suggestion in order

to save going round the pathetic grass plot which the Appleboys had

struggled to create where Nature had obviously intended a floral vacuum.

Undoubtedly it had been the sight of Mrs. Appleboy with her small

watering pot patiently encouraging the recalcitrant blades that had

suggested the malicious thought to Mrs. Tunnygate that maybe the

Appleboys didn't own that far up the beach. They didn't--that was the

mockery of it. Like many others they had built their porch on their

boundary line, and, as Mrs. Tunnygate pointed out, they were claiming to

own something that wasn't theirs. So Tunnygate, in daily obedience to

his spouse, forced his way through the hedge to the beach, and daily the

wrath of the Appleboys grew until they were driven almost to

desperation.

Now when the two former friends sat fishing in their skiffs they either

contemptuously ignored one another or, if they "Huh-Huhed!" at all the

"Huhs!" resembled the angry growls of infuriated beasts. The worst of it

was that the Appleboys couldn't properly do anything about it. Tunnygate

had, as Mrs. Tunnygate sneeringly pointed out, a perfect legal right to

push his way through the hedge and tramp across the lawn, and she didn't

propose to allow the Appleboys to gain any rights by proscription,

either. Not much!

Therefore, when Mr. Appleboy addressed to Mr. Tunnygate the remarks with

which this story opens, the latter insolently replied in words, form or

substance that Mr. Appleboy could go to hell. Moreover, as he went by

Mr. Appleboy he took pains to kick over a clod of transplanted sea

grass, nurtured by Mrs. Appleboy as the darling of her bosom, and

designed to give an air of verisimilitude to an otherwise bare and

unconvincing surface of sand. Mr. Appleboy almost cried with vexation.

"Oh!" he ejaculated, struggling for words to express the full content of

his feeling. "Gosh, but you're--mean!"

He hit it! Curiously enough, that was exactly the word! Tunnygate was

mean--and his meanness was second only to that of the fat hippopotama

his wife.

Then, without knowing why, for he had no formulated ideas as to the

future, and probably only intended to try to scare Tunnygate with vague

threats, Appleboy added: "I warn you not to go through that hedge again!

Understand--I warn you! And if you do I won't be responsible for the

consequences!"

He really didn't mean a thing by the words, and Tunnygate knew it.

"Huh!" retorted the latter contemptuously. "You!"

Mr. Appleboy went inside the shack and banged the door. Mrs. Appleboy

was peeling potatoes in the kitchen-living room.

"I can't stand it!" he cried weakly. "He's driving me wild!"

"Poor lamb!" soothed Mrs. Appleboy, peeling an interminable rind. "Ain't

that just a sweetie? Look! It's most as long as your arm!"

She held it up dangling between her thumb and fore-finger. Then, with a

groan she dropped it at his feet. "I know it's a real burden to you,

deary!" she sighed.

Suddenly they both bent forward with startled eyes, hypnotized by the

peel upon the floor.

Unmistakably it spelt "dog"! They looked at one another significantly.

"It is a symbol!" breathed Mrs. Appleboy in an awed whisper.

"Whatever it is, it's some grand idea!" exclaimed her husband. "Do you

know anybody who's got one? I mean a--a--"

"I know just what you mean," she agreed. "I wonder we never thought of

it before! But there wouldn't be any use in getting any dog!"

"Oh, no!" he concurred. "We want a real--dog!"

"One you know about!" she commented.

"The fact is," said he, rubbing his forehead, "if they know about 'em

they do something to 'em. It ain't so easy to get the right kind."

"Oh, we'll get one!" she encouraged him. "Now Aunt Eliza up to Livornia

used to have one. It made a lot of trouble and they ordered her--the

selectmen did--to do away with it. But she only pretended she had--she

didn't really--and I think she's got him yet."

"Gee!" said Mr. Appleboy tensely. "What sort was it?"

"A bull!" she replied. "With a big white face."

"That's the kind!" he agreed excitedly. "What was its name?"

"Andrew," she answered.

"That's a queer name for a dog!" he commented "Still, I don't care what

his name is, so long as he's the right kind of dog! Why don't you write

to Aunt Eliza to-night?"

"Of course Andrew may be dead," she hazarded. "Dogs do die."

"Oh, I guess Andrew isn't dead!" he said hopefully "That tough kind of

dog lasts a long time. What will you say to Aunt Eliza?"

Mrs. Appleboy went to the dresser and took a pad and pencil from one of

the shelves.

"Oh, something like this," she answered, poising the pencil over the

pad in her lap:

"Dear Aunt Eliza: I hope you are quite well. It is sort of lonely living

down here on the beach and there are a good many rough characters, so we

are looking for a dog for companionship and protection Almost any kind

of healthy dog would do and you may be sure he would have a good home.

Hoping to see you soon. Your affectionate niece, Bashemath."

"I hope she'll send us Andrew," said Appleboy fervently.

"I guess she will!" nodded Bashemath.

* * * * *

"What on earth is that sign?" wrathfully demanded Mrs. Tunnygate one

morning about a week later as she looked across the Appleboys' lawn from

her kitchen window. "Can you read it, Herman?"

Herman stopped trying to adjust his collar and went out on the piazza.

"Something about 'dog'," he declared finally.

"Dog!" she exclaimed. "They haven't got a dog!"

"Well," he remarked, "that's what the sign says: 'Beware of the dog'!

And there's something above it. Oh! 'No crossing this property.

Trespassing forbidden.'"

"What impudence!" avowed Mrs. Tunnygate. "Did you ever know such

people! First they try and take land that don't belong to them, and then

they go and lie about having a dog. Where are they, anyway?"

"I haven't seen 'em this morning," he answered. "Maybe they've gone away

and put up the sign so we won't go over. Think that'll stop us!"

"In that case they've got another think comin'!" she retorted angrily.

"I've a good mind to have you go over and tear up the whole place!"

"'N pull up the hedge?" he concurred eagerly. "Good chance!"

Indeed, to Mr. Tunnygate it seemed the supreme opportunity both to

distinguish himself in the eyes of his blushing bride and to gratify

that perverse instinct inherited from our cave-dwelling ancestors to

destroy utterly--in order, perhaps, that they may never seek to avenge

themselves upon us--those whom we have wronged. Accordingly Mr.

Tunnygate girded himself with his suspenders, and with a gleam of

fiendish exultation in his eye stealthily descended from his porch and

crossed to the hole in the hedge. No one was in sight except two

barefooted searchers after clams a few hundred yards farther up the

beach and a man working in a field half a mile away. The bay shimmered

in the broiling August sun and from a distant grove came the rattle and

wheeze of locusts. Throggs Neck blazed in silence, and utterly silent

was the house of Appleboy.

With an air of bravado, but with a slightly accelerated heartbeat,

Tunnygate thrust himself through the hole in the hedge and looked

scornfully about the Appleboy lawn. A fierce rage worked through his

veins. A lawn! What effrontery! What business had these condescending

second-raters to presume to improve a perfectly good beach which was

satisfactory to other folks? He'd show 'em! He took a step in the

direction of the transplanted sea grass. Unexpectedly the door of the

Appleboy kitchen opened.

"I warned you!" enunciated Mr. Appleboy with unnatural calmness, which

with another background might have struck almost anybody as suspicious.

"Huh!" returned the startled Tunnygate, forced under the circumstances

to assume a nonchalance that he did not altogether feel. "You!"

"Well," repeated Mr. Appleboy. "Don't ever say I didn't!"

"Pshaw!" ejaculated Mr. Tunnygate disdainfully.

With premeditation and deliberation, and with undeniable malice

aforethought, he kicked the nearest bunch of sea grass several feet in

the air. His violence carried his leg high in the air and he partially

lost his equilibrium. Simultaneously a white streak shot from beneath

the porch and something like a red-hot poker thrust itself savagely into

an extremely tender part of his anatomy.

"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

Section 1054 of our code, when committed in lawfully correcting a child

or servant."

"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 seen juries that were more like nanny goats than men!" commentated

Tutt. "I'd like to see some of our clients tried by juries of geese or

woodchucks."

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