The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-11-04

The; lew colds practical ,;okers crimi-
nally etsd sometimes iciyilIy responsible
for tho fatal effects of their playful
pranks.
In Daingerield against Thompson, a
civil action Of damages decided recently
| BY the Co1rtof, Appeals bfss'Vifginia. the
defendant was' the keeper or Restaurant,
and about II p. M, after he had closed
for the night, hearing noise outside,
was Oh 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. II appeared
that several persons being OH the gtreet
rafting for the plaintiff to let them To-.
the defendant said to one Of them who
had pistol, "Let us give him salute"
TO which the latter. one Harrison, re-
piled: "I'll do it," aud Immediately
fired. "The wilfnl firing of pistol in
the street of 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; commit,of instigate itp AS
fheplaintif got o verdict for 5000, 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 n heavy
stone into q mine, breaking o Bca(f0lJ
which fell against aud upset corf, in
which miner was dcsccndi1g into the
mine, whereby he was killed. they were
heldguilty OF manslaughter. The pris.
oners were sentenced 10 three months
imprisonment In 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 whicI 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 vas fined one shilling and discharg-
cd. H. Ewis gton's case the prisoners
covered and surrounded drunken man
with STRAW and threw q shovel of hot
embers upon him, whereby he was
burned to death. Paterson j.. charged
that if "they believed the prisoners
really ihtonded to do any serious injury
to the deceased, though not to kill him,
1t was murder; but il they believed their
intention to have been only to frightcn
him in sport, it was manslaughter.
Vcri!ct, maDslaughter. In State against
Roane the defendant carelcssly discharg-
ed gun, meaning only to frighten
supposed tresspasser, really the servant
of the. prisoner, but killing him. Held.
manslaughter.
In the King against Martin, tho pris.
oner ordered quartern Of gin to drink.
and asked q child present If he would
have drop, at the same time putting
the glass to the child's mouth, where.
upon tho child snatched the glass and
drank the whole contents, which caused
his death. Vaughn, b., said, "as this
was the act Of tho child, there must be
an acquitai, but Il it had appeared that
the prisoner had willingly given child
OF this tender age quarter.i OF gin, out
of o sort Of brutal fun, and had thereby
caused his death, should most decidedly
have hell The! TO be manslaughteT."
In the King against Conrahy, the pris.
oner and tho deceased had been piling
turf together, and the former, in sport
threw piece of turf at the latter, hitting
and killing him. Held no crime,
IN tiIu ring against Waters, there was |
testimony that the prisoner, in the course
of rough and drunken joking, pushed n
boat with his foot whereby the deceased
ieii overheard and was drowned. There
was also testimony tina. the pusli was
given by another person. Park, j., said,
II the case had rested OH the evidence |
Of the frat witness it would not have |
amounted to manslaughter," and there
must 90 an acquittal.
10 the State against Hardie the defen.
dant was held guilty OF manslaushter for |
killing woman in an attempt to fright
en- her with pistol which he supposed |
TO 5e'unloaded. The court said: 'dIf IL |
had been in fact unloaded no homicide
would have resulted, but tho defendant
would have been justly censurablo for |
most reckless and imprudent net In |
frightening q woman by pretending that
it was loaded and that he was about to |
discharged IT tlat her. Such conducti is
5rosaIT '-ecss!eaa end repreheusible, sana |
without palliation or excuse. Human |
life is not to be sported with By the uae
Of firearms, even though the person using
them may have good reason to believe |
that the weapon used 10 not loaded, or
hat being loaded it will do no injury.
When persons engage il such reckless
sport they should be held liable for the
of their acts" ~