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Updated: May 9, 2025
By the Lord Harry! who would have thought it? I'm at number sixteen! Let me count yes! surely I must have made a mistake. A fact, by Heaven! continued Mr. Appleboy, throwing the chalk down on the table. 'Only one more glass after this; that is, if I have counted right I may have seen double. 'Yes, drawled Smith. 'Well, never mind. Let's go on with my story.
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.
"Then she has a cargo in her," and Mr Appleboy shaved himself, dressed, and went on deck. "Yes," said the lieutenant, rubbing his eyes again and again, and then looking through the glass, "it is her, sure enough. Let draw the foresheet-hands make sail. What vessel's the other?" "Don't know, sir, she's a cutter." "A cutter? Yes, may be a yacht, or may be the new cutter ordered on the station.
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.
Mr Tomkins tasted, but, like the lieutenant, he had made it very stiff; and, as he had also taken largely before, he was, like him, not quite so clear in his discrimination: "It has a queer twang, sir: Smith, what is it?" Smith took up his glass, tasted the contents. "Salt water" drawled the midshipman. "Salt water! so it is, by heavens!" cried Mr Appleboy.
The gentlemen smugglers therefore passed an uncomfortable night; and the cutter going Portland by daylight, before Appleboy was out of bed, they were taken on shore to the magistrate.
I shall insist upon acting solely in an advisory capacity. Dog trials aren't in my line. There are some things which are infra dig even for Ephraim Tutt." Mr. Appleboy sat stolidly at the bar of justice, pale but resolute. Beside him sat Mrs. Appleboy, also pale but even more resolute.
He was boarded and taken possession of; he asserted that the extra men were only passengers; but, in the first place, they were dressed in seamen's clothes; and, in the second, as soon as the boat was aboard of her, Appleboy had gone down to his gin-toddy, and was not to be disturbed.
It was about ninety-three or ninety-four, as I said that it happened Tomkins, fill your glass and hand me the sugar how do I get on? This is Number 15," said Appleboy, counting some white lines on the table by him; and taking up a piece of chalk, he marked one more line on his tally.
"The Grand Jury of the County of New York by this indictment accuse Enoch Appleboy of the crime of assault in the second degree, committed as follows: "Said Enoch Appleboy, late of the Borough of Bronx, City and County aforesaid, on the 21st day of July, in the year of our Lord one thousand nine hundred and fifteen, at the Borough and County aforesaid, with force and arms in and upon one Herman Tunnygate, in the peace of the State and People then and there being, feloniously did willfully and wrongfully make an assault in and upon the legs and body of him the said Herman Tunnygate, by means of a certain dangerous weapon, to wit: one dog, of the form, style and breed known as 'bull, being of the name of 'Andrew, then and there being within control of the said Enoch Appleboy, which said dog, being of the name of 'Andrew, the said Enoch Appleboy did then and there feloniously, willfully and wrongfully incite, provoke, and encourage, then and there being, to bite him, the said Herman Tunnygate, by means whereof said dog 'Andrew' did then and there grievously bite the said Herman Tunnygate in and upon the legs and body of him, the said Herman Tunnygate, and the said Enoch Appleboy thus then and there feloniously did willfully and wrongfully cut, tear, lacerate and bruise, and did then and there by the means of the dog 'Andrew' aforesaid feloniously, willfully and wrongfully inflict grievous bodily harm upon the said Herman Tunnygate, against the form of the statute in such case made and provided, and against the peace of the People of the State of New York and their dignity."
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