The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1878-01-31
That Unloaded Pistol.


other sad story of the pistol that "was
not loaded" The scene is in the studio
of painter. He is 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, glancing back and forth at lady
model posed near by to guide his de-
sign. But now thick, gloomy fog
settles gradually down. The light grows
too dim for painting. Work is sus-
pended awhile, in hopes that the sky
may brighten. The two fall into chat,
to while away the time. He shows her
new revolver, recent present from
a friend, and playfully aims it at her.
She shrinks away, with little scream
of alright. "Why, silly girl! it ISM
loaded. See here p 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.
So much for tritiing with pistol
which one does not think is loaded.
There is constitutional right to have
firearms, and it cannot be altogether
forbidden. Buff men will carry them,
at least treat them seriously.
Cases of one person shooting an
other, through the blunder of not know
ing the weapon was loaded, occur
weekly. Many persons seem to think
such incidents 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 possible danger. Why should it
be deemed innocent to brandish pis-
tolls at bystanders, even if not loadedp
Viewed from the holders standpoint,
it may seem harmless joke; only a
joke. But is this the right viewP GU ht
we not to Judge the act from the by
stander's pointP From his position, it
is an annoyance, 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 an
swered rudely, and Sullivan inquired
pointedly, what he meant. Then
White took up gun which he had in
the wagon, and aimed it at Sullivan,
and then at another of the workmen,
Harrington, and said: 81 have got
something here that will pick the eyes
of you" White was tried for this. 1t
was proved that Harrington believed
for the moment that White would shoot
and was alarmed. The Judge told the
jury that if White, within shooting dis
lance, menacingly pointed a gun at
Harrington, which he had reasonable
cause to believe was loaded, and if he
were in fact alarmed, and with good
reason, there was 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 bystander pulled away
from him. why" said he, " it isn't
loadedr' And, to be sure, it had no
cap upon it. Flournoy was tried for
an assault with deadly weapon. His
lawyer argued that an unloaded pistol,
without cap, is not deadly weapon.
But the Judge left that question to the
jury, who found Flournoy guilty, and
he was fined $3.50. The Supreme Court
approved this, and said: IF juries
would generally impose more exem-
plary punishment for offenses of this
character, reckless men would feel the
necessity of more self-restraint, and Of
lenses committed by violence would be
less frequent"
There have been other decisions of
the courts to the same general effect.
1t ought to be understood that aiming
guns and pistols at people is a rude and
lawless act, even if they are not loaded.
If done with intent to alarm, it may be
criminal offense, and proving that the
weapon was not loaded makes no differ
ence. If done in jest, it cannot fail to
excite the contempt and apprehension
of every right-minded person at the
spirit and temper which can find pleas
ure in such jests. Christian Onion.