Tuesday, February 8, 2022

Death Valley Days: George Vest

It is 1869 and 12-year-old Andy Cody is running outside with his dog, Johnny.  Johnny races ahead and Andy hears two gunshots.  Catching up to Johnny, Andy sees the dog is dead and Carter Johnson standing nearby with a shotgun.  Andy is understandably upset, but Johnson declares that he repeatedly warned Andy to keep off his property.  Demanding justice for the unwarranted killing of his dog, Andy asks George Graham Vest (Ronald Reagan) to sue Johnson for damages.  Vest agrees.  Soon, Johnson is in court to defend himself from the $500 suit over a 10-year-old mutt not worth more than 50 cents.  The evidence clearly shows that the dog had little value and was indeed trespassing.  In his summation, Vest orated about friendship and the loyalty of a dog.  The jury found in favor of Andy.

Interestingly, this is a true story though many of the names have been changed.  Why?  Leonidas Hornsby, a sheep farmer, shot Old Drum after having announced his intention to kill any dog found on his property.  Charles Burden, Old Drum's owner, sought recompence.  As shown, Vest won the case more on account of his moving oratory than any evidence.  Rather than $500, Burden was awarded $50.

There are some noteworthy things that the episode glossed over.  Carter Johnson is supposedly a man with political influence and Vest plans to run for Senate.  That he pursues the suit anyway shows what an upstanding lawyer he is.  Hmm.  George Vest was for the Confederacy.  He argued to maintain slavery in Missouri and later became a Representative and Senator in the Confederate government.  In 1870, when the suit went to trial, Vest had no reason to fear the influence of a sheep farmer.  Furthermore, as a former Confederate office holder during Reconstruction (1865-1877), he was ineligible for election.  He was not elected to the US Senate until 1879, when Reconstruction had ended.  Senators were selected by the state assembly and didn't get popular votes as they do today.

Entertaining and an interesting bit of American history, but too many liberties were taken to view it as educational.

No comments: