Page:The Green Bag (1889–1914), Volume 01.pdf/331

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292
The Green Bag.

CLARK v. KELIHER.

(107 Mass. 406.)

By Austin A. Martin.

["One on whose close hens are trespassing has no right to kill them, although in consequence of former like trespasses, he has asked their owner to shut them up and threatened to kill them if he should not do so."]

WHAT dire offence from hens and chickens springs,
What angry quarrels rise from feathered things,
I sing. This theme to Keliher's acts is due.
This case, attorneys, now be pleased to view.
Slight is the subject; but not so the praise,
If Themis aids, and you approve my lays.

In Greenfield, Mass., was honest Keliher's home;
Ne'er through the bustling city did he roam.
A happy swain, each early morn he rose;
By patient labor tidy kept his close.
His neighbor Clark a brood of hens possessed,
And viewed with pride each swelling feathered breast.
Each year full many likely chicks they bore,
And furnished him of wholesome eggs good store.
But hens, like men, will sometimes ill employ
Their time, and neighbors grievously annoy.
In wanton sport they scratched in Keliher's grass;
Indeed at last things came to such a pass,
In his demesne they sought their daily food,
Built nests, and fearless raised their callow brood.
All this aroused the honest Keliher's rage;
In angry parle with Clark he did engage,
Admonished him the fowls to keep away,
Or he with lethal weapon them would slay.
The careless Clark with scorn did treat the plaint,
Allowed his hens to roam without restraint;
They wanton still scratched freely o'er the plain,
And filled their crops with Keliher's shining grain.
The latter's wrath rose to a height sublime;
With his good staff he bided stern his time.