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Page 52
"His master is in his grave in auld Greyfriars kirkyard, and the
dog has aye slept there on the mound."
The magistrate leaned over his desk. "Man, no dog could sleep in
the open for one winter in this climate. Are you fond of
romancing, Mr. Traill?"
"No' so overfond, your Honor. The dog is of the subarctic breed
of Skye terriers, the kind with a thick under-jacket of fleece,
and a weather thatch that turns rain like a crofter's cottage
roof."
"There should be witnesses to such an extraordinary story. The
dog could not have lived in this strictly guarded churchyard
without the consent of those in authority." The magistrate was
plainly annoyed and skeptical, and Mr. Traill felt the sting of
it.
"Ay, the caretaker has been his gude friend, but Mr. Brown is ill
of rheumatism, and can no' come out. Nae doubt, if necessary, his
deposeetion could be tak'n. Permission for the bit dog to live in
the kirkyard was given by the meenister of Greyfriars auld kirk,
but Doctor Lee is in failing health and has gone to the south of
France. The tenement children and the Heriot laddies have aye
made a pet of Bobby, but they would no' be competent witnesses."
"You should have counsel. There are some legal difficulties
here."
"I'm no' needing a lawyer. The law in sic a matter can no' be so
complicated, and I have a tongue in my ain head that has aye
served me, your Honor." The magistrate smiled, and the spectators
moved to the nearer benches to enjoy this racy man. The room
began to fill by that kind of telepathy
that causes crowds to gather around the human drama. One man
stood, unnoticed, in the doorway. Mr. Traill went on, quietly:
"If the court permits me to do so, I shall be glad to pay for
Bobby's license, but I'm thinking that carries responsibeelity
for the bit dog."
"You are quite right, Mr. Traill. You would have to assume
responsibility. Masterless dogs have become a serious nuisance in
the city."
"I could no' tak' responsibeelity. The dog is no' with me more
than a couple of hours out of the twenty-four. I understand that
most of his time is spent in the kirkyard, in weel-behaving,
usefu' ways, but I could no' be sure."
"But why have you fed him for so many years? Was his master a
friend?"
"Nae, just a customer, your Honor; a simple auld shepherd who ate
his market-day dinner in my place. He aye had the bit dog with
him, and I was the last man to see the auld body before he went
awa' to his meeserable death in a Cowgate wynd. Bobby came to me,
near starved, to be fed, two days after his master's burial. I
was tak'n by the wee Highlander's leal spirit."
And that was all the landlord would say. He had no mind to wear
his heart upon his sleeve for this idle crowd to gape at.
After a moment the magistrate spoke warmly: "It appears, then,
that the payment of the license could not be accepted from you.
Your humanity is commendable, Mr. Traill, but technically you are
in fault. The minimum fine should be imposed and remitted."
At this utterly unlooked-for conclusion Mr. Traill seemed to
gather his lean shoulders together for a spring, and his gray
eyes narrowed to blades.
"With due respect to your Honor, I must tak' an appeal against
sic a deceesion, to the Lord Provost and a' the magistrates, and
then to the Court of Sessions."
"You would get scant attention, Mr. Traill. The higher judiciary
have more important business than reviewing dog cases. You would
be laughed out of court."
The dry tone stung him to instant retort. "And in gude company
I'd be. Fifty years syne Lord Erskine was laughed down in
Parliament for proposing to give legal protection to dumb
animals. But we're getting a bit more ceevilized."
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