Old Drum, a black and tan coonhound, owned by Charles Burden, was shot by a neighbor, Lon Hornsby. Hornsby had lost more than 100 sheep in previous months.. Seeing Old Drum
running through the woods in the evening hours he asked his friend, Richard Ferguson, to shoot the dog. Burden filed suit but the jury at the first trial failed to reach a verdict and the case was retried the folowing December. Burden was awarded $25 by the jury, but Hornsby appealed to Johnson County Court of Common Pleas. Another trial was set for March 1870 and this time the verdict was in favor of Hornsby. Burden then asked for and won a new trial. At this new trial the courthouse was filled to capacity. Senator George Vest attorney for Burden gave the final argument. This time the jury awarded Burden $50
The following is Senator Vest's Tribute to the Dog that he gave to the court in 1870
The best friend a man has in the world may turn against him and become his enemy. His son or daughter that 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 our good name, may become traitors to their faith.
The money a man has he may lose. it flies away from him 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 stones of malice when failure settles its clouds upon our heads.
THE ONE ABSOLUTELY UNSELFISH FRIEND THAT A MAN CAN HAVE IN THIS SELFISH WORLD, THE ONE THAT NEVER DESERTS HIM, THE ONE THAT NEVER PROVES UNGRATEFUL OR TREACHEROUS, IS HIS DOG
A man's dog stands by him in prosperity and in poverty, in health and in sickness. He will sleep on the cold ground where the wintry winds blow and the snow drives fiercely if only he may be near his master's side. He will kiss the hand that has no food to offer, he will lick the sores and wounds 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 misfortune drives the master forth an outcase 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, not matter if all other friends pursue their way, there by the graveside will the noble dog be found, his head between his paw, his eyes sad, but open in alert watchfullness, faithful and true, even in death.
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