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"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.
For Appleboy, in spite of his apparent calm, was a very much frightened man, and under the creases of his floppy waistcoat his heart was beating like a tom-tom. The penalty for assault in the second degree was ten years in state's prison, and life with Bashemath, even in the vicinity of the Tunnygates, seemed sweet.
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.
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.
I shall let the case go to the jury unless this evidence is contradicted or explained. Reserve your motion." "Very well, Your Honor," agreed Tutt, patting himself upon the abdomen. "I will follow your suggestion and call the defendant. Mr. Appleboy, take the stand." Mr.
"Didn't you tear a hole in the hedge and stamp down the grass when by taking a few extra steps you could have reached the beach without difficulty?" "I I simply tried to remove an illegal obstruction," declared Tunnygate indignantly. "Didn't Mr. Appleboy ask you to keep off?" "Sure yes!" "Didn't you obstinately refuse to do so?" Mr. Pepperill objected to "obstinately" and it was stricken out.
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.
Saying so doesn't make it so, and that part of the indictment is bad on its face unless, to be sure, it means that he hit him with a dead dog, which it is clear from the context that he didn't. The other part that he set the dog on him lacks the allegation that the dog was vicious and that Appleboy knew it; in other words an allegation of scienter.
Appleboy heavily rose and the heart of every fat man upon the jury, and particularly that of the Abyssinian brother upon the back row, went out to him. For just as they had known without being told that the new Mrs. Tunnygate was a vixen, they realized that Appleboy was a kind, good-natured man a little soft, perhaps, like his clams, but no more dangerous.
"Of your own knowledge?" interjected Tutt sharply. "Oh, no!" returned Appleboy. "Didn't you know it was a vicious beast?" sharply challenged Pepperill. "Of your own knowledge?" again warned Tutt. "I'd never seen the dog." "Didn't your wife tell you about it?"
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