San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1878-02-09
That Unloaded Pistol Again.

Recent foreign papers bring us an
other sad story of the pistol that "was
not loaded" The scene is in the studio
Of painter. He is a young man of
talent and promise. He has lately sue
ceeded in. overcoming the difficulties
which throng the threshold of success
in Art; he is favorably known, orders
are coming in, opportunity is already
achieved, prosperity and fame are in
near prospect. He is working at the
easel, CHANGING back and forth ut a lady
model posed near by to guide his design.
But now thick, gloomy fog settles
gradually down. The light grows too
dim for painting. Work is suspended
while, in hopes that the sky may bright
en-. The two fall into chat, to while
away the time. He shows her new
revolver, recent present from friend,
and playfully aims it at her. She shrinks
away, with little scream of alright.
"Why, silly girl! it isn't loaded. See
here!" He aims the weapon at his own
temple, snaps the .trigger, it explodes,
and he falls dying to the floor. The
giver had somehow left cartridge in one
barrel. ~ LAA III FL
So much for trifing with pistol
which one does not think is loaded.
There is a constitutional right to have
firearms, and it can not be altogether
forbidden. But if men will carry them,
at least treat them seriously.
Cases of one person shooting another,
through the blunder of not knowing tho
weapon was loaded, occur weekly.
Many persons seem to think such Incl
dents are only lamentable, as mistakes.
But, suppose there is no mistake made,
and no harm done. Suppose the pistol
is really not loaded, and there is no pos
sible danger. Why should it be DEEM
ed innocent to brandish pistols at by
ISLANDERS, even if not loadedP Viewed
from the holders standpoint, it may
seem q harmless joke; only joke. But
is this the right viewp Ought we not to
Judge the act from the bystander's pointp
From his position, it is an annoyance,a
threat, peril.
Courts of law have sometimes taken
the first view. But other decisions have
said, and with strongest reason, that the
bystander's feeling ought to supply the
rule. He ought not to be startled with
the presentation of a gun or pistol, even
if it has no charge.
About five years ago, a quarrelsome
fellow named White, driving in his
wagon along one of our country high
ways, came to spot where several men
were mending the road. One of these,
Sullivan, asked White to drive in the
middle Of the road. White answered
rudely, and Sullivan inquired, pointedly,
what he meant. Then White took up q
gun which he had in the wagon, and
aimed it at Sullivan, and then at another
of the workmen, Harrington, and said:
~ have got something here that will
pick the eyesof YOU" White was tried
for this. 1t was proved that Harring-
ton believed for. the moment that White
would shoot, and was alarmed. The
Judge told the Jury thatif White, with
in shooting distance, menacingly pointed
gun at Harrington, which Harrington
had reasonable cause to believe was
loaded, and if he were in fact alarmed,
and with good reason, there was a
criminal assault, whether the gun were
in fact loaded or not. |
Once upon time in Texas, Flournoy
was drinking in Grace's bar-room. He
became drunk, excited, and abusive.
Grace tried to quiet him. He drew a
pistol, which by-stander pulled away
from him. "Why," said he, cit isn't
loaded" And, to be sure, it had no
cap upon it. Flournoy was tried
for assault with deadly weapon.
His lawyer argued that an unloaded
pistol, without cap, is not deadly
weapon. But the Judge left that ques-
ton to the Jury, who found Flournoy
guilty, and he was fined $3.50. The Su-
preme Court approved this. and said:
eff juries would generally impose more
exemplary punishment for offenses of
this character, reckless men would fee
the necessity of more self-restraint, and
offenses committed by violence would
be less frequent"
There have been other decisions of
the courts to the same general effect.