The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1880-09-29
Law for Practical lockers.


The law holds practical jokers GRIM
inally, and sometimes civilly, RESPONSE
BILE for the 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 restaurant,
and about ii 2. M, after he had closed
for the night, hearing noise outside,
was on the point of opening the door
when he was shot through the right
foot with pistol ball which had pene-
trated the door from the outside. 1t
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: "I1et us give
him a salute" To which the latter, one
Harrison, replied, "I'll do it." and i'm
mediately fired. 1.-The willful firing of
a pistol in the street of city, whether
maliciously or no'," said Christian, j.,
''is of itself an unlawful act, and the
consequence of such unlawful act must
be visited upon those who commit it or
instigate it." AS the plaintiff got q
verdict for $4,000, this was better than
a criminal prosecution. But the same
practical joke would have been GRIM
inal.
In Fenton's case, where the prisoners,
in sport, threw heavy stones into q
mine, breaking a scaffold, which fell
against and upset a corf, in which a
miner was descending into the mine,
whereby he was killed, they were held
guilty of manslaughter. The prisoners
were sentenced to three months impris-
'onment. In the King against Powell a
lad las 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. ana the carman, who
was in it, loading it, was pitched back
ward on the stones and killed. Held,
manslaughter. The prisoner was fined
one shilling and discharged. In Ewing
toms case the prisoners covered and sur
rounded drunken man with straw and
threw a shovel of hot cinders upon him
whereby he was burned to death. Pat
erson, j., charged that eff they be.
lieved the prisoners really intended to do
any serious injury to the deceased,
though not to kill him, it was murder;
but if they believed their intention to
have only been to frighten him in sport,
it was manslaughter." Verdict, man
slaughter. In State against Roane, the
defendant carelessly discharged gun,
intending only to frighten supposed
trespasser, really the servant of the pris-
oner. but killing him. Held, man
slaughter.
In the King against Martin the
prisoner ordered a quartern of gin to
drink, and asked 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, B +, said,
"as this was the act of the child, there
must be an acquittal, but if it had ap-
peared that the prisoner had willingly
given child of this tender age quart
ern f gin, out of a sort of brutal fun,
and had thereby caused its death, l
should most decidedly have held that to
be manslaughter.
In the King against Conrahy, the
prisoner and the 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 the King against Waters, there was
testimony that the prisoner, in the
course of rough and drunken joking,
pushed boat with his loot, whereby
the deceased fell overheard and was
drowned. There was also testimony
that the push was given by another per-
son. Park, j., said, it the case had
rested on the evidence of the first witness
it would not have amounted to man.
slaughter, and there must be an acquit-
ta]."
In State against Hardie the defendant
was held guilty of manslaughter for
killing a woman in an attempt to frighten
her with a pistol which he supposed to
be unloaded. The court said: eff it
had been in fact unloaded no homicide
would have resulted, but the defendant
would have been Justly censurable for
most reckless and imprudent act in
frightening a woman by pretending
that it was loaded and that he was
about to discharge it at her." "Such
conduct is grossly reckless and repre-
hensible and without palliation or ex-
cuse. Human life is not to besportedwith
blythe 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
wi do no injury. When persons en-
gage in such reckless sport they should
be held liable for the consequences of
their acts. ALBANY LGOO Journal.