Old Drum Missouri’s Official Historic Dog
taken a shot at a dog they thought belonged to a different neighbor. Later that morning, Old Drum was found dead with circumstantial
guilt at the first trial, but at a second trial on Jan. 27, 1870, Charles Burden was awarded $25 along with court costs for the loss of Old Drum. Appealing this decision, Hornsby took the case to the Johnson County Court of Common Pleas. His appeal was based not on whether he was guilty of shooting Old Drum, but on the fact that Burden shouldn’t have been allowed to amend his original request from $100 to $50. On March 30, 1870, the case went back to trial with new evidence from Hornsby and his nephew stating that they went back and removed lead bullets from the dog’s body, creating doubt as to whether Hornsby was
evidence that convinced Burden that his brother- in-law had shot his best hunting dog. Charles Burden swore he’d have satisfaction and filed a lawsuit for damages with the Madison township justice of the peace.
A bronze statue of Old Drum was placed on the courthouse square in 1958 in Warrensburg, MO. The statue was made by Reno J Gastaldi, a World War II veteran.
M any people have read George Vest’s “Eulogy of the Dog,” but few know the story behind it that began with an ill-fated gunshot and a court case in Warrensburg, Missouri, that was appealed all the way to the Supreme Court of Missouri. On Oct. 28, 1869, Charles Burden heard a shot ring out about a mile south of his farmstead, near the home of his brother-in-law, Leonidas Hornsby. Hornsby had recently threatened to shoot any dogs found on his property because his flock of sheep was being decimated by stray dogs. Hearing the shot, Burden called his hunting dogs to his house, but found his favorite hound, Old Drum, was not among them. The next morning, Burden visited his neighbors, searching for his missing dog. Hornsby denied seeing Old Drum but explained that his nephew had
Leonidas Hornsby was summoned to appear in court on Nov. 25, 1869, but his lawyers
This Missouri dog’s life and death sparked America’s most famous use of the
the reason Old Drum died. Two days later, the jury decided in favor of Leonidas Hornsby, in the amount of court costs.
filed a motion to dismiss the case because Burden asked for $100 in damages and the amount was beyond the
phrase, Man’s Best Friend.
Charles Burden, unhappy with this reversal, filed a motion for a new trial, based on the additional evidence
jurisdiction of the local official. However, Burden was allowed to amend his request to the legal limit of $50.
Hornsby brought in. He hired John F. Phillips and George G. Vest, who now sat across from Hornsby’s legal team of Thomas Crittenden and Francis
The jury could not agree on Hornsby’s
Missouri Pet Breeders Association | Page 10
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