Page:The Green Bag (1889–1914), Volume 03.pdf/46

 The Martyred Mule.

27

THE MARTYRED MULE. By Irving Browne. Dedicated by permission to the Shade of the late Henry Beroh. FISHER v. PENNA. RAILROAD CO., 126 Penn. St 293. [ Where a mule, on his way home from work, unattended, is on a railway track at a highway crossing, the railroad company is under no obligation to sound the whistle to warn him of an approaching train.] IN Texas, where the potent twelve Pronounce the penalty of crime, I find, when in the books I delve, That rather more than half the time The jury, with a disregard Of custom, by some novel rule, Pronounce the sentence somewhat hard, That man is worth much less than mule; But then in Pennsylvania This stupid quadruped of late, By some judicial mania, Is much less favored in estate.

From off a dusty, hot highway, Entranced as in a pleasing dream, A tired mule doth careless stray Where coaches are propelled by steam, — A sober and industrious beast, Released at close of day from load, Perchance the sight of grassy feast, Where lands of railway cross his road, Upon the tracks attracted him Away from customary beat; Perchance an expectation dim Some donkey-engine there to meet. And there he crops the juicy herb, Oblivious of the deadly car, While spasms of delight disturb Appendages auricular,