The post. [volume] (Middleburg, Snyder County, Pa.) 1864-1883, 1877-11-29

The Aecitsntal Killing Of Human Be
ings by Spotsmen. In view Of the fact
that SO many persons are killed during
ihc fall hunting season, by sportsmc ell,
Judge Junkiu in his charge to the
Grand Jury. Of Perry county, on tho
convcning nf,hc October term Of Court
in that county, on the 10th ult, ad"
vcrted to the subject as follows
1t il impressed upon my mind as du-
" 10 draw your attention To events,
luite frequent of late in this county
iamcly the accidental killing of hu.
man beings by sportsmen. or late
years il might bc said without grcn,
'xasgcra'ion that the Cunning season
,pcnel about the middle OF October
md birds and human beings were shot
N common. There seems m impres.
sion that all accidental killing is with-
nut responsibility that death from
he careless Use Of 4 deadly weapon is
Dnly nisadyenture. This is grave
error, and we seek to correct il at
once. The rule is. that death from
negligence is marslsughtcr on the nc-
sligcnt party. punishable by fine not
exceeding $1,000. and Imprisonment
not exceed ng two year.. WHAT'S ne
Bligcnce II Is the want Of that care
which men Of common sense and com.
mon prudence ordinarily exercise in
like employments. Where death is
the result of an occurrence in itself
unexpected, but which arose from ne
giigeace or inaticntiom, the guilt Of the
person producing il, depends upon the
inquiry whether he was guilty OF. gross
negligence at the time.
The degree of caution to bring the
case within tho limits of ofmisadventure,
is proportioned to the probability OF
danger attending the act causing death
When deer had entered cornfeld
and were doing injury, the owner
went with his servant to watch n,
night with q gun, and he charged the
servant to fire when he heard anything
rush into the standing corn /; and up,
on the owner rushing into the corn in
another part Of the field, the servan,
fired and killed him. Chief Justice
Hale thought it amounted to man
slaughter, for want of due diligence
and care of the servant in shooting up
on such token, as 1t might be man
as well as deer however, he said il
was o question ofgreat difficulty. Blu,
it was finally agreed, that the servan,
having obeyed the order Of the master
and being ignorant that II was any
thing else than n deer, the killing
was only misadventure but it was nj
so agreed that, had no order to fire
been given. it would have been man
slaughter, because of the want of due
caution in the servant TO shoot before
he discovered his mark, (IPh.c. l.. p
l00i)
Thus you perceive tho rule to be
that any shooting at supposed game
before the sportsman has discovered
his mark, Is carelessncss, aad il tn,
object thus fired at, turns out TO b.
human, and death ensues from tn,
shot aud wound, that is b,ansldughter.
II thns appears that any shooting
at supposed game, before the marks
man has ascertained certdinig that IL il
\ bird or beast, is careless shooting
and the party will bo held responsible,
for his act, where the death of n rea
sonable creature ensues therefrom
And this Is right, sensible and just
Human life is too sacred to be chan
ced upon the probabilities of tho oh
ject fired at turning out to be u phoas'
ant or turkey The hunter must know d
q certainly that the object is NOT hun,a,
being or answer for n,aasidughier. Wha
right has the sportsman Whose voca
tion ut best Is cruel aud nearly use
less), to fire upon any moving objcc
obscurely soon amid leaves aud trees
and shade aud bramble II he Is inca
lpablo Of restraining his ardor, ant
suppressing excitement IN tho act 0
capturing game, so that he mistakes
man or child for an animal, he; 10 un
fitted 10 usa . deadly weapon n th,
woods. Such mon should conton
thsmsslves with shooting " Z boart
out Of range Of human lifo.
i u II time that al may uudsrstant
the penalty which the law ipdioss 70
accidental killiug, when Il V the 70
mlk of cn nro,ees c1a