The Great Dogfight
Entertainment sometimes being scarce in
a small frontier community, the Great Dogfight and subsequent trial caused quite
a stir in Pelican Rapids in the mid 1880's.
The antagonists, one Roland Blodgett
and one Ithymar P. Lackey, were neighbors--but also rivals in the local hotel
business. Their canine seconds were, respectively, a purebred English pointer
whose name has been lost in the backwash of history; and Old Shep, a stockdog of
dubious ancestry.
Each dog was like his master--the
pointer, delicate, pompous, with aristocratic pretensions; Old Shep, a tireless
worker who would tolerate no nonsense. The initial fracas erupted when the
pointer trespassed on Old Shep's turf, in search of victuals left-over from
Lackey's boarding house. Old Shep strenuously objected, grabbing the pointer by
the throat with no apparent intention of letting go. Lackey tells it best:
"I was in the barn repairing a harness when I heard the ruction.... I came
out just in time to choke Old Shep off, or he would have killed that noble
dog."
The pointer limped home. Blodgett--who
claimed to have spent $100 on the dog--was not pleased. He delivered an
ultimatum to his neighbor: "Either you shoot that dog, or I will!"
Lackey, Civil War veteran and former
California prospector, was a man not to be trifled with. He informed Blodgett of
the particulars: the pointer had been the trespasser, and he himself had saved
him from certain death; furthermore, Old Shep always stayed home, except when he
went out to bring the cows for evening milking.
But Blodgett took no heed. He lay in
ambush, and a few nights later, let fly with a load of buckshot. Old Shep
struggled home and expired.
Lackey was outraged. He stormed into
his neighbor's establishment with the words, "Prepare for Hell! The devil's
here!"
Blodgett fled to his barn, where he hid
himself in the hayloft. Lackey searched in vain, then gave up, contenting
himself with maligning Blodgett's courage and ancestry to anyone who would
listen.
Blodgett withered awhile under
continual insult, then retaliated by filing suit for slander, asking for $1000
in personal damages and an additional $100 for damages to his dog.
A jury was impanelled with great
difficulty, since everybody in town had heard of the events, had discussed them
thoroughly, and already formed an opinion. But since juries got paid for their
time, and nobody wanted to miss the action, prospective jurors lied infamously
for the honor of a ring-side seat.
Blodgett came before the court with a
lawyer of sorts, a down-and-out attorney who owned him back rent. Lackey
appeared pro-se. The lawyer strode back and forth before the jury, delivered up
phrases in Latin, quoted statutes dating back to English Common Law. Lackey
flattered the jurors, recalled the particulars of the dogfight, reminded
everyone of his Civil War service. His legal argument was summarized by three
sentences. Yes, he did indeed call the Plaintiff a coward. But the Plaintiff
clearly was. Thus, there was no slander.
The case went into deliberation.
Meanwhile, townspeople gathered, anxiously awaiting an outcome. Jugs of strong
drink were freely passed, wagers made, while excitement rose in a great feverish
babble, Americans, Norwegians, Germans, Swedes, even Indians, loudly voicing
opinions, each in his native tongue.
Hours passed. Finally, the jury filed
back into court. "What say you, gentlemen of the jury?" There was a
long pause. Tied, six to six.
The judge sent them back with further
instructions. More time passed. The bailiff, hoping to facilitate unanimity,
sent in a keg of beer. Still, no word. The jury filed in again. Eleven to one in
favor of Lackey.
The judge then played his trump card.
No verdict, no pay.
The jury went back for a third try. The
one hold-out for Blodgett was assailed. "You think you know more than
eleven men?" "You want to keep us here all night?" "I'll
stay here," he claimed, "till I die and the worms carry me though that
keyhole." But, finally, he capitulated.
The judge noted the decision, assessed
Blodgett all court costs.
Lackey's acquittal was met with wild
enthusiasm up and down Broadway, the ensuing celebration lasting though the
night, and well into the next one. Blodgett, stung with humiliation, sold his
hotel and moved to Alexandria.
--- Roger Pinckney