Morning journal and courier., 1880-04-02
Curious Legal Definitions.

tions supported mainly by opinion. T. D. WooLsEY NEW HAVEN, March 29, 1880.
 Curious Legal Definitions. From the Albany Law Journal
 The law has taken pains particularly to de-
 fine some words and expressions the mean ing of which would seem quite apparent, and has drawn some fine distinctions in def rftion.
 In the [Maine1 case of McCarthy against Portland the court say in illustration Tof the meaning of the word "traveler :"1 "A boy may be within the protection of the statute while running upon the street, if going to or returning from school; but not so if partici- pating in a game of ball being carried on at the time in the highway. He might be traveller, perhaps, under some circumstances, while sliding down hill on his way to school but not if merely engaged in sliding down hill as pastime and sport. In Britton against Cummington Massaohusettsl it was left to the jury to say whether person driving on the highway ceased to be ''traveler" for the time, by leaving his horse and wagon, and picking berries at the roadside.
 It is perfectly well settled that dog is not person. A Michigan statute licensed 'any person" to kill dog gong at large and not licensed or collared. In an action to recover for the killing of plaintiffs dog by defendants dog it was held no defence that plaintiffs dog was not licen- sed and collared as defendants dog was not "person."
 That wife may at the same time be a 'swidow" is held in Georgia Railroad and Banking Company against Carr. This was where statute gave "widow" right of action for the homicide of her husband, and it was held that such right was not divested by her marriage subsequent to the commence mont of the action. ''The word widow in dicates the person, not the state, and is used vuifh vuifo Doox kha The court seem to lay stress on the fact that the widow had waited ''suitable time," as the women phrase it. 'This young widow waited four years," exclaim the court in ad- miration, ''and then in no hot haste, but de- gently, and after long widowhood, compasa- husband and $7, 900 for the old one.
 In Kennon against King Montana, the court refused to stultify itself by pretending not to know that poker is game of chance, remarking that there is ''no reason for calling proof as to the meaning of this word that would not apply Mith equal propriety to the words deed, lease, contract, river, city and church."
 In State of Louisiana against Holmes we find a definition of druggist" It was there held that where license is required to carry on the business of druggist, one cannot sell drugs and medicines under license as a re- tail merchant, although druggist properly means one who buys and sells drugs without compromising or preparation. The term, therefore, has much more limited and re- stricted meaning than the word 'apothecary." In another case the defendant was indicted for selling liquor without license; had dry goods on one side of his shop and drugs on the other he was required as a merchant to be licensed, but as druggist he could sell in quantities less than quart without license. The court charged that if he was a. merchant and unlicensed, and sold less than quart, he ha Eo dr11cyc ip faith, and his business was compromising and selling drugs" etc. This was held error, be- cause 1t confined the business of an apothe- cary or retail druggist to one who actually compounds his medicines
 ''Trade is defined in Enscoe against Dunn TConnecticut, where it was held that the horses and cart of one carting coal are not ex- empt as implements of 8 debtors trade" The court say "By the word trade, as used in this statute, we suppose is meant the busi- ness of carpenter, blacksmith, silversmith, printer or the like."
 Under the statute of exemptions, @ music teachers piano has been held an 'implyment of business !" so a f1sherman's net and boat as s'tools D and so fiddler's fiddle and bow; @ canal -boatman's bow line; an iron founders patterns.
 'sContiguous" means in actual contact; so buildings fifty feet apart are not ''contigu- ous."
 Worcester defines ''auctioneer" as s'one whose business it is to offer property for sale at auction.'' But in city of Goshen against Kern [Indiana it is held that one who only sells his own goods may be an "auc- tioneer."
 The word ''pants" is not recognized by lex icographers nor by anybody but 'gents, "and yet in State of Louisiana against Johnson it is held that an indictment for stealing Ia pair of pants'' is good. The court says 'fthe word pants has completely superseded the word pantaloons."
 Seven is ''several" The court Tin an Ala bama case said ''severap' means more than two, but not very many, and includes seven. A Settlers Thrilling Escape from In-
 dianss
 Just below Kanawha Falls, in West Vir- ginia, writes correspondent of the Louisville Courier Journal, is an overhangipg rock of immense size jutting out about one hundred feet over the seething whirlpool, and about the same height above. This was once the scene of remarkable adventure. The h. dians were in hot pursuit of Van Bibber, settler and man of distinction in those early times. He was hard pressed, and all access to the river below and above being cut of, he was driven to this jutting, which proved to be the jumping-of place for him. He stood on the rock, in full view of the enemy above and below, who yelled like demons at the certain ty of his speedy capture. He stood up boldly, and with his rife kept them at bay. As he stood there he lOoKeQ RcrOsS the flVer-SaW his friends-his wife with her babes in her arms, all helpless to render assistance. They stood as if petriied with terror and amaze ment She cried at the top of her voice: s'Leap into the river and meet mel" Laying her babe on the grass, she seized the oars and sprang into the skif alone. As she near ed the middle of the river her husband saw the Indians coming in full force and yelling like demons. "Wife, wife," he screamed, "Tm coming drop down a little lower." With this he sprang from his crag and de- scended like an arrow into the water, feet ment to see him rise to the surface, the little the boiling flood. It was an awful moment; it seemed an age to her; would he ever rise Her earnest gaze seemed to penetrate the farther down the stream. He rose near her in moment the canoe was alongside him, and she helped him to scramble into it amid shower of arrows and shot that the baff1ed Indians poured into hem. The daring wife did not speak word; 1er husband was more dead than alive, and all depended on her strength being maintained ill they could reach the bank. This they did, just where they had started, right where the babe was still lying, growing and laughing. The men pulled the skif high up on the sand, md the wife slowly arose and helped to lift Van Bibber to his feet. He could not walk, put she laid him down by his babe, and then, eating herself, she wept wildly, just as any ,ther woman would have done under the cir That babe is now grandfather, md that rock is called ''Yan Bibber's Rock' o this day.