The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-11-04
49, s-s't--.. =; z.s---iss:..-'
Law for Practical Jokers.

Law for Practical Jokers.
The Law, holds practical ,jokers ,crimi-
nally and sometimes civilly responsible
for the fatal effects of their playful
pranks.
In Dainger6eld against Thomp,on, a
cipil action Of damages decided recently
by the Courtiofs Appeals ofsVirginia, the
defsndantzwass the keeper Of restaurant,
and about II p. M, after he had closed
for the night, hearing noise outside,
was OIL, the-point of opening the door
when he was shot through the right foot
with pistol ball, which had penetrated
the door from the outside. 1t appeared
tNhat several persons being on the. Street
10. tie -plmntiff to let them In,
the defendant said to one Of them who
had pistol, "Let us give him a salute" "
To which the latter. one Harrison, re-
piled: .I'll do it," and Immediately
fred. "The wilful firing of pistol in
the street of a city, whether malicious or
not" said Christian, j., "is of itself an
unlawful act, and the consequence Of
such unlawful act must be visited upon
those who conlmitsof sinstigate lt.pSa As
Ftheplefntiff got q; verdict fol- $8, ,0D0, ,this
was better than a criminal prosecution.
But the same practical joke would have
been criminal In,Fenton's case where
the prisoners in sport threw a heavy
stone -iatosa mine breaking. ascafplds
which fell against and upset corf, in
+ (which q miner was descending into ithe
mine, whereby he was killed, they we're
! heldgailty iof manaanghter. Tho Pfis-l
oners were. sentenced to three months.
impiia6nmeutaM aIn the ; King against
Powell, lad, as frolic, without any
intent to harm any one, took the trap
stick out of the front part of cart, in
consequence of which it was upset and
the carman, who was in it, loading it,
was pitched backward on the stones and
killed. Held, manslaughter. The pris-
oner was fined one shilling and discharg-
ed. In Ewington's case the prisoners
covered and surrounded drunken man
with straw and threw shovel of hot
embers upon him. whereby he was
burned to death. Paterson j., charged
that if .'they believed the prisoners
really Intended tosd oahy seriohsipjury
to the, deceased, though not, 70 kill him,
il was murder; but if they believed their
intention to have ;only. to frighten
him i9E sport. it was. manslanghter.."
Verdict, mspslaughter. In State against
Roane the defendant icarelessly discharg-
ed gun, meaning only; to. frighten a
supposed tresspasser, really, the, servant
of the7prisonef, But killing him: Held.
manslaughter.
Iur.hs Ring ngaipst Martin ztka prise
oner ordered quarteru of gin, to drink,
and asked a. child present ieihe would
have q drop, at the, same time; putting
the glass to the child's mouth, where
upon the child snasched the;glass and
drank the whole contents, which caused:
his death. Vaughn, B., said, Gas this
was the act of the child, there must be
antacqnital, bhtif it had iappeated that,
The prisoner had willingly given 9 child
ofthis tender age a quarterli of GIN out
ofa sert Of brutal fun, and had thereby
caused his death,I ] should most decidedly
have held that to be manslaughter."
III the King against Conrahy, the pris-.
oner and the deceased had been piling
turf,togesher,. and the former, in sport,
threw q piece of.turf at the latter, hitting
aud. killing. him. Held no crimex ~
In The Hing against Waters, there was
testimony that the prisoner, in the course
ofrongh and drunken Joking, pushed a.
boat with bis foot whereby the, deceased
fell overheard and was drowned There
was also testimonygtha:i the push was
given by another person. Park, j., said,
Hif the case had rested on the evidence
of the, firss Mitnesssit would not &have
amounted to manslaughter,"' and there
must be an aequittal.
la the; State against Hardie the defen:
dant was held guilty of mapslaughter for.
killing woman in an attempt to fright
en- her with pistol which. be supposed
to beFanloaded. sFhe court said::s IF It
had been, in fact unloaded mo; homicide
would have resulted, but the defendant
would hare beenjustly censurable for
most reckless and iimprudent act in
frightening woman by pretending that
it was loaded and that he was about to
discharged it iaf her Such conduct. is
grossly .reckles5 and repreheusib, {, land
without palliation or excuse. Human
life is not to be sported with by the use
:oflfrearms;' even though the person using
them, may; have good treason to believe
that the; weapon used is not loaded, or
that being loaded it will do no injury.
When persons engage in such reckless
sport they should be held liable, for, the
consequences of their ACTS"