Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1871-08-26

thorc was quite a Quantity oi ~ :,
should Judge from the roll ihnl
there were two or three hundred
dollars it was to dctray the rNpen-.
SEES Of prisoners in Wtsslera charge.
OPINION.
Upon this evidence | an now
called upon to determine whether
under the rules of law, this transac-
tion is 10 be- classified as murder
rs manslaughtcr-or as Glance.
medley.
1st. Was it murder?
shall leave this question nndcci-
ded, and refer it for solution to the
noxt Grand Jury, with the cNplana-
tory remark, that even if were to
adiudge il a ease of murder, the ev.-
dencc would cntitlc the prisoner to
bail, under the rule prescribed in
the Constitution upon the subject.
2d. Was it manSlaughtcr?
This question | propose to decide
purely in the light Of authority.
Manslanghtcr in its general sense,
is the killing of a human being with
out malice. Our statutes Code,
pages COL and GO2, contain several
special provisions as to mansIaugh-
ter, and then in Art. lS2, p. COZ,
makes the following general pro
vision
Every other killing ola human being by
the net, procurement or C%ULPABTE EFGI1-
GENcE Of another, and without authority of
law. shall be deemed mansIaughter.
THIS statute makes negligence,
when it arises to the degree Of being
"culpablc," n crime. And in this,
our Legislature has but re-enacted
the common law, "a %expounded and
defined by all the writers on Crimi-
nal law from time immemorial.
rIIero follows lengthy quotations
from legal authorities, of not much
interest to the general reader, and
we omit them-Beacoa.l
Without going further into the
authorities, and the last could ca lily
be greatly extended, | come nowto
apply the evidence to the law as
cxpoundcd in the authorities and
adiudications quoted and referred
to. The instrument of death was
coal oil. The use of this fluid for
the creation of light, is one Of Il {
great mo Tern discoveries OF the age.
Its use has become almost universal,
It is daily soc in hotels, private
houses, work shops, on steamboats,
and in railroad cars. Every person
who engages in the ordinary occu.
patiOns of life is constantly brought
in contact with it, and must be pre-.
sumod to have, at least, Il genera
knowledge OF its peculiar qualities.
Unfortunately for the safety o.
human life this fluid, the caution,
and prudent uSc of which sheds Sc
many blessings on mankind, j,
known to be of an exceedingly
dangerous nature. from the ease
with which it is iguitcd, from il,
inhammnblo nature, and from it,
tendency to explosion. Its use is
even far more dangerous than gun
powder. There is scarcely q neigh
borhood in tho land that caNno re.
count the loss of some human life
from accidents III the use ofcoal oil
These facts unqucStionablv jwpos,
upon every one handling tNiS dan.
g.roUs AMI destructive fluid, il
localities and under circumstance,
whore it my cudan"ar human life
tae utmost and highest dcgrrc o
diligence, care and caution. NcgIi
gomez and CarcIc Sness in lis use
under such circumstances is drcmC,
b. the law a crime. If the defend
ant was ignorant Of the dangerous
utilities Of cal oil it dcyolYcd OF
him to prove it. No such effort ha'
; been made. The testimony 81 Ow,
!, that the defendant went to where
! the deceased was sitting at table
i, and held a conversation with hin
=, while deceased continued his sup
:, per. Suddenly the defendant tool
the lighted glass lamp from the Ia
p. bic rs if looking for something, aNC
, sot it on the floor. Some of thu
testimony is to the effect that whcI
defendant said he had lost some
! thirg that deceased told him t
: take the lamp and look for it. |
. this be so, it cannot for q momon
. relieve defendant from the obliga
: ton Of n cautious and carcfaI us,
Of the lamp.
After the lamp was set upon tn,
, floor, upon complaint being mad,
by the servants of the hotel, h,
=, i, took up the lamp, and instead o
q. carefully setting it back upon tn
|, table at n proper distance from de
\ ceased, he held it over him, rs h
:, sat at the table, and after waving j
; backwards and for wards, from sid
!. to side, about four times, in u mos
: careless and dangerous manner, s.
y that the flames would dart up tn
= lamp chimney, and return-fnally
= let it drop, lo wecn the knees old!
ceased, when the lamp was broken
and the flames from the ignitcd oil
cnveloped tho unfortunate mar
and caused his death.
:, With these facts in proof befor
!, me, | am asked to pronounce this
case of chance medley, or pcrhap
. to speak with more legal eXaotneSi
a an oxcusable homicide!
y | cannot do so, without settin
|. a ide, and wholly ignoring the prir
. c;ples of law, so firmly established
by the authorities to which | hay
y just referred. They exhibit in
|, striking manner, the care of tn
y common law for the life of ever
citizen, and the necessity of car