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The Case of Old Drum: An Inspiring Story Every Dog Owner Should Know

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January 27, 2010

The Case of Old Drum: An Inspiring Story Every Dog Owner Should Know

By David DiBenedetto

It’s easy to miss—a bronze statue of a black and tan hound on the Johnson County Courthouse lawn in Warrensburg, Mo. But the dog, called Old Drum, has a legacy that will last longer than that statue of metal and stone. The death of Old Drum, you see, inspired a typically loquacious lawyer to deliver one of the finest speeches ever about the loyalty of a hunting dog, and in doing so coined the phrase “man’s best friend.”

Old Drum was known around the area as an exceptional hound, with a fine nose and a thundering voice. But one night in 1869 when he wandered onto the neighboring property of a livestock farmer Old drum was fatally shot. Old Drum’s owner, Charles Burden decided to sue his neighbor, and the case eventually found its way into the Supreme Court. The highly charged and emotional trial would rest on the closing argument of George Vest, who was representing Old Drum’s master. Here’s what he had to say:

Gentlemen of the jury, the best friend a man has in this world may turn against him and become his enemy. His son or daughter whom he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us—those whom we trust with our happiness and good name—may become traitors in their faith. The money that a man has he may lose. It flies away from him, perhaps when he needs it most. A man's reputation may be sacrificed in a moment of ill-considered action. The people who are prone to fall on their knees to do us honor when success is with us may be the first to throw the stone of malice when failure settles its cloud upon our heads. The one absolute, unselfish friend that man can have in this selfish world—the one that never proves ungrateful or treacherous—is his dog.

Gentlemen of the jury, a man's dog stands by him in prosperity and poverty, in health and sickness. He will sleep on the cold ground, where the wintry winds blow, and the snow drives fiercely, if only he can be near his master's side. He will kiss the hand that has no food to offer; he will lick the wounds and sores that come in encounter with the roughness of the world. He guards the sleep of his pauper master as if he were a prince. When all other friends desert, he remains. When riches take wings and reputation falls to pieces, he is as constant in his love as the sun in its journey through the heavens.

If fortune drives the master forth an outcast in the world, friendless and homeless, the faithful dog asks no higher privilege than that of accompanying him to guard against danger, to fight against his enemies. And when the last scene of all comes, and death takes the master in its embrace, and his body is laid away in the cold ground, no matter if all other friends pursue their way, there by his graveside will the noble dog be found, his head between his paws, his eyes sad but open in alert watchfulness, faithful and true even to death.

That, my friends, is one fine piece of oratory. One fine dedication to all dogs that that have come and gone. And it made me think anew of all the reasons that I love my pup. I imagine it did the same to you?

And for the record, Vest won the case.

Comments (27)

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from hnestle wrote 2 years 4 days ago

awesome speech

+1 Good Comment? | | Report
from MLH wrote 2 years 4 days ago

Dang! That is one fine piece. I can't believe I have never seen it before. Thanks for posting it.

+1 Good Comment? | | Report
from blackdawgz wrote 2 years 4 days ago

I like that. I know of another instance where an idiot ranch manager shot and killed a little girl's border Collie. He died in her arms.Her Daddy was a grizzled old Army Captain and veteran who lived in the ranch house. The owner saved the manager's life by firing and getting him gone immediately. Imagine a hound or a child's pet running cows! Glad he won the lawsuit. Living in the West brings back the stories by Samuel Clemens that we studied in Freshman English, way back when.when a reporter commented on the content of his stories, Mr. Clemens said, "and the amazing part is that half of them are true!"

+1 Good Comment? | | Report
from jamesti wrote 2 years 4 days ago

great post. that lawyer knew what he was doing. i bet every man on that jury had a dog at home.

+3 Good Comment? | | Report
from pinopolis wrote 2 years 4 days ago

great story! anyone ever seen the monument in person?

+1 Good Comment? | | Report
from Proverbs wrote 2 years 4 days ago

Those are some attributes that I pointed out to my children as they were growing up (as reasons they should not tease the dogs). When I was a teenager, I often thought my dogs were the only ones who understood me, and I loved them for it.

As for the speech, that's a very fine speech. But what were the trespassing laws in place at the time? If the jury made its decision on a speech and forsook the law because it was a fine speech, that's too bad.

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 3 days ago

That is so awesome and so true, I'm speechless!

Two words come to mind

9/11 and Haiti.

If you don't understand that, ask the people who were rescued by these 4 legged Angles!

+1 Good Comment? | | Report
from caseyam wrote 2 years 3 days ago

I've seen it, its in Warrensburg Missouri. It's a neat little monument.

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 3 days ago

I can walk up to my hound, double up my fist, yell at the top of my lungs and act like I am going hit them and they look up like to say, PLAY TIME!

Want to see a German Shorthair go absolutely nutz! Just say, were is your toy! Go get kitty! Where's the squirrel!

This dog is pure adrenalin with the eye sight and as agile as a cat. NO JOKE! Just try to fake a throw with a tow, it's no fooling her!

+1 Good Comment? | | Report
from WA Mtnhunter wrote 2 years 3 days ago

Amen to that.

+1 Good Comment? | | Report
from Luke.fortier@sb... wrote 2 years 3 days ago

That was a great speech,

+1 Good Comment? | | Report
from 86Ram wrote 2 years 3 days ago

Very Moving and sentimental. Great Story...

+1 Good Comment? | | Report
from mutt wrote 2 years 3 days ago

couldn't be said better

+1 Good Comment? | | Report
from rudyglove27 wrote 2 years 3 days ago

Awesome speech and excellent story!!!

+1 Good Comment? | | Report
from Bella wrote 2 years 3 days ago

Gotta love a dog, 'cause a dog can be the epitomie of unconditional love. If you aint got a dog, your missin' out.

0 Good Comment? | | Report
from Bella wrote 2 years 3 days ago

Gotta love a dog, 'cause a dog can be the epitomie of unconditional love. If you aint got a dog, your missin' out.

0 Good Comment? | | Report
from WVOtter wrote 2 years 3 days ago

Should have been a writter rather than lawyer, brought a tear to my eye with how true it is.

0 Good Comment? | | Report
from WVOtter wrote 2 years 3 days ago

Should have been a writter rather than lawyer, brought a tear to my eye with how true it is.

+1 Good Comment? | | Report
from pinopolis wrote 2 years 3 days ago

caseyam: i'm jealous you've seen it!

+1 Good Comment? | | Report
from idahooutdoors wrote 2 years 2 days ago

Awesome, a new favorite!!!

+1 Good Comment? | | Report
from uplander12 wrote 2 years 2 days ago

Amen.

+1 Good Comment? | | Report
from walt wrote 2 years 1 day ago

so true in so many ways. i have personally seen this monument and it is an excellent read

+1 Good Comment? | | Report
from huskerguy wrote 1 year 52 weeks ago

Thats a great speech and so true

+1 Good Comment? | | Report
from Seamus wrote 1 year 51 weeks ago

I hope I'm just half the person my dogs think I am..Touching story I read it 50 yrs ago and had a copy I'd show friends

0 Good Comment? | | Report
from chevyduck wrote 1 year 51 weeks ago

Sounds like my dog. He will stick with me to the end.

0 Good Comment? | | Report
from sduprey wrote 1 year 51 weeks ago

while we are on the topic of words for dogs:

"A dog does not live as long as a man and this natural law is the fount of many tears. If a boy and a puppy might grow to manhood and doghood together; and together grow old, and so in due course die, many a heartache might be avoided. But the world is not so ordered, and dogs will die and men will weep for them so long as there are dogs and men."

0 Good Comment? | | Report
from kevin45331 wrote 1 year 51 weeks ago

And likewise man should stand loyal and faithful by his dog to the the very end. After all, Dog spelled backwards is God.

0 Good Comment? | | Report
from tunadave wrote 1 year 49 weeks ago

So very true. I need a new pup; I think I'll print this out and casually leave it where the wife can find it. Ought to seal the deal for sure.

0 Good Comment? | | Report
from cosplay wrote 1 year 25 weeks ago

As for the speech, that's a very fine speech. But what were the trespassing laws in place at the time? If the jury made its decision on a speech and forsook the law because it was a fine speech, that's too bad.

0 Good Comment? | | Report

Post a Comment

from jamesti wrote 2 years 4 days ago

great post. that lawyer knew what he was doing. i bet every man on that jury had a dog at home.

+3 Good Comment? | | Report
from Proverbs wrote 2 years 4 days ago

Those are some attributes that I pointed out to my children as they were growing up (as reasons they should not tease the dogs). When I was a teenager, I often thought my dogs were the only ones who understood me, and I loved them for it.

As for the speech, that's a very fine speech. But what were the trespassing laws in place at the time? If the jury made its decision on a speech and forsook the law because it was a fine speech, that's too bad.

+2 Good Comment? | | Report
from caseyam wrote 2 years 3 days ago

I've seen it, its in Warrensburg Missouri. It's a neat little monument.

+2 Good Comment? | | Report
from hnestle wrote 2 years 4 days ago

awesome speech

+1 Good Comment? | | Report
from MLH wrote 2 years 4 days ago

Dang! That is one fine piece. I can't believe I have never seen it before. Thanks for posting it.

+1 Good Comment? | | Report
from blackdawgz wrote 2 years 4 days ago

I like that. I know of another instance where an idiot ranch manager shot and killed a little girl's border Collie. He died in her arms.Her Daddy was a grizzled old Army Captain and veteran who lived in the ranch house. The owner saved the manager's life by firing and getting him gone immediately. Imagine a hound or a child's pet running cows! Glad he won the lawsuit. Living in the West brings back the stories by Samuel Clemens that we studied in Freshman English, way back when.when a reporter commented on the content of his stories, Mr. Clemens said, "and the amazing part is that half of them are true!"

+1 Good Comment? | | Report
from pinopolis wrote 2 years 4 days ago

great story! anyone ever seen the monument in person?

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 3 days ago

That is so awesome and so true, I'm speechless!

Two words come to mind

9/11 and Haiti.

If you don't understand that, ask the people who were rescued by these 4 legged Angles!

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 3 days ago

I can walk up to my hound, double up my fist, yell at the top of my lungs and act like I am going hit them and they look up like to say, PLAY TIME!

Want to see a German Shorthair go absolutely nutz! Just say, were is your toy! Go get kitty! Where's the squirrel!

This dog is pure adrenalin with the eye sight and as agile as a cat. NO JOKE! Just try to fake a throw with a tow, it's no fooling her!

+1 Good Comment? | | Report
from WA Mtnhunter wrote 2 years 3 days ago

Amen to that.

+1 Good Comment? | | Report
from Luke.fortier@sb... wrote 2 years 3 days ago

That was a great speech,

+1 Good Comment? | | Report
from 86Ram wrote 2 years 3 days ago

Very Moving and sentimental. Great Story...

+1 Good Comment? | | Report
from mutt wrote 2 years 3 days ago

couldn't be said better

+1 Good Comment? | | Report
from rudyglove27 wrote 2 years 3 days ago

Awesome speech and excellent story!!!

+1 Good Comment? | | Report
from WVOtter wrote 2 years 3 days ago

Should have been a writter rather than lawyer, brought a tear to my eye with how true it is.

+1 Good Comment? | | Report
from pinopolis wrote 2 years 3 days ago

caseyam: i'm jealous you've seen it!

+1 Good Comment? | | Report
from idahooutdoors wrote 2 years 2 days ago

Awesome, a new favorite!!!

+1 Good Comment? | | Report
from uplander12 wrote 2 years 2 days ago

Amen.

+1 Good Comment? | | Report
from walt wrote 2 years 1 day ago

so true in so many ways. i have personally seen this monument and it is an excellent read

+1 Good Comment? | | Report
from huskerguy wrote 1 year 52 weeks ago

Thats a great speech and so true

+1 Good Comment? | | Report
from Bella wrote 2 years 3 days ago

Gotta love a dog, 'cause a dog can be the epitomie of unconditional love. If you aint got a dog, your missin' out.

0 Good Comment? | | Report
from Bella wrote 2 years 3 days ago

Gotta love a dog, 'cause a dog can be the epitomie of unconditional love. If you aint got a dog, your missin' out.

0 Good Comment? | | Report
from WVOtter wrote 2 years 3 days ago

Should have been a writter rather than lawyer, brought a tear to my eye with how true it is.

0 Good Comment? | | Report
from Seamus wrote 1 year 51 weeks ago

I hope I'm just half the person my dogs think I am..Touching story I read it 50 yrs ago and had a copy I'd show friends

0 Good Comment? | | Report
from chevyduck wrote 1 year 51 weeks ago

Sounds like my dog. He will stick with me to the end.

0 Good Comment? | | Report
from sduprey wrote 1 year 51 weeks ago

while we are on the topic of words for dogs:

"A dog does not live as long as a man and this natural law is the fount of many tears. If a boy and a puppy might grow to manhood and doghood together; and together grow old, and so in due course die, many a heartache might be avoided. But the world is not so ordered, and dogs will die and men will weep for them so long as there are dogs and men."

0 Good Comment? | | Report
from kevin45331 wrote 1 year 51 weeks ago

And likewise man should stand loyal and faithful by his dog to the the very end. After all, Dog spelled backwards is God.

0 Good Comment? | | Report
from tunadave wrote 1 year 49 weeks ago

So very true. I need a new pup; I think I'll print this out and casually leave it where the wife can find it. Ought to seal the deal for sure.

0 Good Comment? | | Report
from cosplay wrote 1 year 25 weeks ago

As for the speech, that's a very fine speech. But what were the trespassing laws in place at the time? If the jury made its decision on a speech and forsook the law because it was a fine speech, that's too bad.

0 Good Comment? | | Report

Post a Comment

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