Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-02

ne law holds practical Iokers crfminally ana
effects OF their playful Franks
IN Dalngerneld against Thompson. a civil
acllon OF damages. decided recently by the
s ,S Q, appeals OF Virginia the defendant was
The keeper OF restaurant and about II n. m.
after he had closed for the night, hearing A
nolse outside, was on The point or opening the
with pistol ball which had penetrated the
door from the outside. Ii appeared that several
persons being on the street waiting for the
pla,nilI 10 leu ITEM IN the defendant said 20
one or Them who had pistol 'Let us give
him a salute To which The latter, one liar
rison, replied, I'm 90 f." and immedIately
fred. THE willfnl firing of pistol in the
street OF city, whether maliciously or not
said Christian, j., us OF itself al unlawful act
and the consequence OF such unlawful act must
be visited upon those who commit Il or insti-
gate 1t" AS the plaintifr got verdict for
=, 600, this was better than criminal prosecu-
uon. SUI the same practical joke would have
been criminal
sport. threw heavy stone into mine breaking
scafod which fell against and upset a c0rf
IN winch miner was descending into the mine,
whereby he was killed. they were held guilty OF
manslaughter. The prisoners were sentenced
10 three months impn Sonment. la the King
against Powell lad, as a frolic, without apy
l, Ia 10 harm any one. took the trap stick out
OF me Iront part or cart In consequence or
which IL was upset and the carman who was
In II, loading II, was pitched backward on the
stones and killed. Held manslauphter Ths
prisoner was fined one shilling and DISCHARGED,
ID Ew1ngtonS case the prisoners covered and
surrounded drunken man with straw and
Threw shovel OF hot cinders upon him, where
py he was burned 10 death, Patterson, j.,
charged that IF they believed the prisoners
really lntended TO do any serious injury TO the
deceased, though not 10 Kill him, II was muir
ger: Out III they believed their intention to have
been only 10 brighten him in sport, Il was man
slaughter" Verdict, manslaughter In state
against Roane the defendant careiessiy dis
charged gun, intending only TO frlghten a sun
posed trespaSSer, really the servant OF the pris-
oner, but killing him. Held, manslaughter.
Ia the King against Martin, the prisoner or
dered quartern OF gin TO drink, and asked
child present If he would have drop. al tie
same time putting the glass TO the child's
mouth. whereupon the child snatched the glass
and drank the whole contents which caused his
death. Vaughan, B.. said, las this was the act
OF the child, there must be an acquittal but n
II had appeared that the prisoner had willingly
given enid OF this tender age quartern OF
gin, out OF sort OF brutal fun, and had thereby
caused its death, i should most decidedly have
held that to be manslaughter."
In The King against Conrahy, the prisoner ana
inc deceased had been piling turf togethef, ana
the former, In sport, threw a piece or turf at
crime.
In the King against Waters, there was test,-
mony that the prisoner In the course OF rough
and drunken joking, pushed a boat with his
Ioot, whereby the deceased fell overheard and
was crowned. There was also testimony that
the push was given by another person. PARK.
j., said, ''if the case had rested on the evidence
or the nrSt witness IL would not have amounted
10 manslaughter," and there must be an ac-
quittal.
In State against Hardie the defendant was
held guilty OF manslaughter for killing woman
In an attempt TO brighten her with pistol which
ne supposed TO be unloaded. The court said !:
III IL had been In fact unloaded no homicide
would have resulted, but the defendant would
nave been Justly censurable for most reck-
less and lmprudent act In frightening a woman
by pretending that IL was loaded and that he
was about TO discharge II at her. ''Such con-
quot is grossly reckless ana reprehensfble and
without pall1atfon or excuse. Human life is not
70 be sported with by the use o. firearms. even
though the person using them may have geo 1
reason TO believe that the weapon ussd IS nor.
loaded or that being loaded it Will do no In Jury
When persons engage In such reckless SPORT
they should be held liable for the consequence,
OF Their acts Albany Lar Journal