The Washington times. (Washington [D.C.]) 1901-1902, 1902-03-03

| IN prosecution lOf nOnliCice Wnere
there was proof that the defendant pro-
voked the difficulty by abusive language;
] that he announced just before the en-
counter that he was going to break up the
| festival in a "jamboree;" that he imme-
| diately began to curse the deceased. and
to use deadly weapon. the Supreme
Court of Arkansas, In the case of Cren-
shaw VS.. State (66 s. W. Rep. 1860, held
| that a conviction of manslaughter should
| be sustained. The court said that the
drawing of the pistol Immediately after
| the threat to break up the ''jamboree"
gave that word a new and more serious
| Interpretation than had ever been an
ticipated by the photographers
Plaintiff Assumed Risk.
The plaintiff drove into the town Of
Townsend. Mass. to attend the dedica-
ton of a new band stand which had been
erected. The defendants were celebrating
the occasion with fireworks. The plain
tiff's horse became frightened at the dis
charge of the fireworks, ran away and in
jured the plaintiff. who thereupon sued
the defendants for damages. On the trial
the jury rendered a verdict in favor of the
plaintiff, but the Supreme Court tMassa-
chusetts) set the verdict aside, because
of the fact that plaintiff knew when he
went to the celebration that there would
be fireworks. and consequently he as
sumed the risk. The court said that
there was a distinction between the liza
bility for an injury to an ordinary trav-
eler upon a highway and voluntary
spectator. In the case OF the voluntary
spectator, who is present merely for the
purpose of Witnessing the display, he
must be held to consent to it: and he suf-
fers no legal wrong. IL accidentally in
jured. without negligence on the part OF
anyone, although the celebration may
have been unauthorized. frost VS.. JOS
selyn, 81 N. E. Rep, 469)
Peculiar Convincing Proof.
The noise made by Chinaman shut
fling with his feet was circumstance
which aided in convicting one Wong
Quong of stealing a diamond in the case
of the State VS.. Wong QuoDg (67 Pac.
Rep, 1851. The evidence showed that
diamond was removed from a ring while
it's owner was staying at the house in
which a Chinaman was a servant. The
ring, when not worn, was kept In tray
in the owners room. and two days before
its loss was discovered noise was heard
in the upper part of the house as though |
a "Chinalnan was shutting with his feet"
When the Chinese servant was arrested
the ring was found in his possession. He !
explained the possession by stating that |
he found the diamond in the yard of the /
house, where it probably dropped out of |
the ring. He was convicted. and the Su- |
preme Court affirmed the judgment
Names Must Be Distinct.
The Young Women's Christian Associa-
ton has been held by the Supreme Court |
of Illinois, in the case of International,
ETC., Association VS.. Young Women's, !
etc, Association (61 n. E. Rep, 55D, to
be entitled to enjoin the International
Committee of the Young Women's Chris
tian Association from using this name,
on the ground that it Is SO nearly identi-
cal with Young Women's Christian AS
sociation" and SO apt to lead the public
to believe that the former Is a committee
OF representatives of the latter.
causing donations intended for
the latter to be given to the former.
Deposition Not Slandered.
bank was sued for slandering the
credit of one Of its depositors on the
ground that when the bank had money on
deposit belonging to the depositor, and to
his customers, it refused to pay such
money on an oral demand upon 1t by the
deposition. The Supreme Court of Illinois,
before whom the case was brought on |
appeal, held that these facts did not con-
stitute any SANDER to the customers
credit and that he was not entitled to
recover thereon. The court said the Gus
toner might by such refusal sustain loss
and be greatly embarrassed. but there
would be no Islander of his credit, since
there would be no publication of the de-
positor's drawing checks to customers
when he had no funds on deposit, which
is the gist of the action for refusal to
pay checks. (Hanna vs.. Drovers' National
Bank, g. N. E. Rep, 556, Illinois.)
Rights of Adopted Child.
child brought suit to compel her foster
parents to make will containing GER
ain provisions in her favor on the
ground that the parents at the time of
Ter adoption promised that if she would
i've with them as their child. and assist
hem in their work till she was of age
'r married. they would will all of their
property to her. The Court of Appeals of
Texas held that the contract sought to
De enforced by the adopted child was not
,ne which married woman had the legal
capacity to make, and the foster mother
,ould not bind herself to make will.
rhe court held that the plaintiff. howl
aver. was entitled to recover for the
;alue of her service. West VS.. Clark
IS S. w. Rep, 2i5.)
Not Contributory Negligence
Where a pedestrian carrying an UNI
,rella in front of him as a protection
rom a storm sustains injuries by fall
ng over the doors of an open hatchway
n the sidewalk. the Supreme Court of