Morning journal and courier., 1880-11-13
Law for Practical Jokers.

| The law holds practical jokers crin1inaly, | and sometimes civilly, responsible for the i fatal effects of their playful pranks. In Daingerfeld against Thompson, a civil action of damages, decided recently by the Court of Appeals of Virginia, the defendant | was the keeper of a restaurant, and about Il D. m., after he had closed for the night hear ing a noise outside, was on the point of open ing the door, when he was shot through the right foot with pistol ball which had pene- trated the door from the outside. It appeared that several persons being on the street waiting for the plaintiff to let them in, the defendant said to one of them who had pistol Let us give him salute To which the latter, one Harrison, replied: ''Tn do it,'' and immediately fired 1.-The willful firing of pistol in the street of city, whether maliciously or not" said Chris tian, J., is of itself an unlawful act and the consequence of such unlawful act must be visited upon those who commit or instigate it." As the plaintiff got verdict for $9, ,O00, this was better than criminal prosecution. But the same practical joke would have been criminal.
 In Fenton's case, where the prisoners, in sport, threw heavy stones into mine, break ing scaffold, which fell against and upset corf in which miner was descending into the mine, whereby he was killed, they were held guilty of manslaughter. The prisoners were sentenced to three months imprison-
 
 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 1t, loading it, was pitched backward on the stones and killed. Held, manslaughter The prisoner fined one shilling and discharged. In Ewington's case the prisoners covered and surrounded drunken man with straw, and threw shovel of hot cinders upon him, whereby he was burned to death. Patterson, J.. charged that Eff they believed the prison CTS really intended to do any serious injury to the deceased, though not to kill him, 1t was murder, but if they believed their in tention to have been only to frighten him in sport. it was manslaughter." Verdict, man slaughter. In State against Roane the de- fendant carelessly discharged a gun, intend ing only to frighten supposed trespasser, really the servant of the prisoner, but kill ing him.
 In the King against Martin the prisoner ordered quartern of gin to drink, and asked a child present if he would have drop, at the 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, J.. said, ttas this was an act of the child there must be an acquittal, but if it had appeared that the prisoner had willingly given child of that tender age a quartern of gin, out of a sort of brutal fun, and had thereby caused it's death, I should most decidedly have held that to be manslaughter."
 In the King against Conrahy, the prisoner and the deceased had been piling turf togeth- er and the former, in sport, threw piece of turf at the latter, hitting and killing him. Held, no crime.
 In the King against Waters, there was tes- timony that the prisoner i'll the course of rough and drunken joking, pushed boat with his foot, whereby the deceased fell over board and was drowned. There was also testimony that the push was given by another person. Park, J., said, ''If the case had rested on the evidence of the first witness it would not have amounted to manslaughter," and there must be an acquittal.
 In the State against Hardie, the defendant was held guilty of manslaughter for killing woman in an attempt to frighten her with pistol which he supposed to be unloaded. The court said Eff it had been, in fact un- loaded no homicide would have resulted, but the defendant would have been justly censurabIe for most reckless and ilnprudent act of frightening a woman by pretending that it was loaded and that he about to discharge it at her. Such conduct is grossly reckless and reprehensible, and without pal lation or excuse Human life is not to be sported with by the use of firearms, even though the person using them may have good reason to believe that the weapon used is not loaded, or that, being loaded, it will do no injury When persons engage in such reck- less sport they should be held liable for the consequences of their acts. '"