The Savannah morning news., 1901-11-10

a man was killed by timber thrown
from a house in London without due
warning, though in the country this
would have been treated as accidental.
And eighteen years ago the graver view
was taken where a man bathing near
the West Pier at Brighton was struck
and killed by a box thrown from the
pier. The thrower of the box was found
guilty of manslaughter and sentenced
to Imprisonment.
But in the reign Of Charles 1. a
householder who was aroused at night
by the cry of Thieves" and who went
down stairs to the pantry hastily with
a drawn sword and thrust before him
In the dark, was excused for killing a
maid who happened to be there. He had
better, however, stopped in bed, as
Pepys would have done, and let the
maids deal with the thieves Still
clearer was the case where a man took
his gun on Sunday morning to have
some sport on the way to church. Be
fore the service he discharged it and
left it at a friends house While he
was in church some one borrowed the
gun and then returned it to its place
loaded. The owner, not knowing what
had been done, touched the trigger as
he was carrying the gun into the house
% ans iCthA IL liOlIlG anu SIlOL ana Killed
his wife. OF course, he was acquitted
Death in the football field has, unfor-
tunately, more than once been made
the subject of criminal charge, but
the courts recognize that the game is
necessarily attended with danger. and
only under very gross circumstances
could liability be established. In 1873
"footballer" charged with man
slaughter. who had caused the death
or an opponent by charging under as
ISOLATION rules, was acquitted. Furious
driving has had its share in the settling
of the law of manslaughter, and a
singular point arose in 1876. Two carts
were being driven furiously, one be-
hand the other. The second ran over
man and killed him. The drivers of
both were indicted, and they were both
held guilty. They were encouraging
each other in their reckless career.
though the actual injury was done by
one only. But where murder has been
done certainly by one of several. but
1t cannot be proved by which, then all
escape. This happened in an Ipswich
case, where five men were charged
with the crime. and it appeared that
only one was guilty. but it was not
clear which this one was. All were
acquitted.
hC 0AoNliGlllOIS Vi Iile law are per-
haps still more subtle in cases which
involve only interference with proper-
ty. Burglary means breaking into a
dwelling house at night, and cases
abound both as to what is breaking
and what is a dwelling house. Early
in last century the Judges solemnlv
decided that it was not HOUSEKEEPING
to push up a window that was already
open, but that it was HOUSEKEEPING to
open a window shut but not fastened
Many citizens. we are told in an old
treatise, and by some lawyers, leave
their houses from a principle of good
husbandry in the Summer and for a
long vacation; but since they mean 10
return II is burglary to break in dur
ing their absence. In modern times. in
surance furnishes an additional nro.
lection against such depreciation
though good husbandry" does NOT
permit Of houses being left entirely nm
guarded. Larceny, II Is well known
involves the taking away of the thing
stolen. Where a man was charged WITH
stealing a horse IL appeared that the
horse was led out OF the stable bv the
hostler but would not stand still whiie
the alleged thief tried 20 mount. re-
fore he was IN the saddle the fraud
was discovered and he was secured.
IL was held that he had taken the
horse, though one would imagine this
was exactly what he had failed 10 a.
Similarly where a thief dragged a
lady's earring from her ear a. she was
leaving The theatre. but lsft 30 ln her
hair And clearly tho plrfon who be
INK the guest of rich man. took the
sheets from .hiE bed into the hall bs-
fore daybreak with me Intention Of
stealing LAsm. but Bss stopped while