The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-24
NOVEL POINTS OF THE LAW.

1860 N'u'NS iilNtTtSt W dlld'n ltIf
TO a decision he has Just made In n cas-,
which has attracted great attention in
England because of the unusual testi-
mony and the novel defence made to a
charge OF murder. The case was Rex
vs. simpson before the English Court OF
Criminal Appeal. In which the court re-
fused to accept the contention that
where one person kills another the fact
that provocation has been given by a
person who In not the victim does no,
reduce the crime from murder TO man
slaughter Paley Scott. appearing for
the applicant. said that the applicant
at the time OF the crime WAS home on
leave. His Wife had plenty Of money
"a war allowance OF 30s. n week and
bs. a week from another source-but
she had spent It In drink. The appli-
cant on his return found his home in
a very bad state, and his wife confessed
to him that she had brought soldiers TO
the house in his absence. The child
was two years OF age. and ii suffered
from water on the brain. The medical
evidence was that 1t might have died at
n moment II was a painful disease
to witness the child's head was cnor-
mously enlarged on both sides. ON tho
, day OF the crime the applicant went
home and found that his wife was out
and The child was suffering great pain.
He sat down. apparently broodiny over
his wrongs. and watching the child. He
sent his little daughter to fetch his wife,
but she did not come. A second massage
to her was equally unsuccessful. Then
suddenly the applicant seemed to have
formed the intention Of killing the child /;
he drew the azor which he had brought
homo from service and cut the child's
throat
The applicant. who was a soldier on
leave. testified that he had 10 return
to his military duties and that he "kllled
the child 30 that worse might not befail
IT, He also testified: 81 could not
SEQ 1t suffer any more than It really
had done. She was not looking after
the child and It was lying there from
morning TO night and no one 10 look
AFTER IL. and i could not see II suffer any
longer and have to go away and leave
it. The Jury returned "A verdict for
murder and in affirming the judgment in
behalf OF a unanimous court the Lord
chief Justice said:
'on reading the shorthand notes OF
the trial II was clear tina everything
that possibly could he said on behalf OF
the applicant had been said by Mr.. paley
Scott to reduce the crime to man
slaughter. II that had been permissible.
The learned Judge. though by no means
wanting In sympathy with the appli-
cant. held that the crime could not be
man~slaughter. No authority had been
cited TO support the proposition that
upon p~rovocation by one person and IN.
killing OF another by the provoked per.
son the crime would be manslaughter
only. There was no such authority.
That the applicant had reason to IL.
angry with his wife was no justification
for the crime. They were ~ opirdon
that the Judges direction To the jury
was right. The Jury made tho strong
est recommendation TO mercy. and moth
ing he had said was intended tn detract
IN the slightest degree from that recon-
mendation. But that was FOR the proper
authority to bring to the police Of his
Majesty. TIT application must he dis
missed.
A surgeon should ~~x.rcis. reasonable
care and skill in removal OF cauze pads
necessary to a successful operation, and
may not relieve himself Of liability FOR
leaving pad IN wound by any custom
requiring attending nurse to count those
used and rernoved.-Bsrrett's Admir- W
Brand. Ky, IL :. ". 46i.
An order requiring the operation of
a sunday local passenger train held un-
reasonable and void as requiring Sun
day labor contrary to the lcgislativc poll
icy manifested by Gen. -. 1919, s 1888,
State vs. irea' Northern Ry. co.
Mimi. l53 y. W 81.
\ carrier is liable FOR INJURY 20 q
passenger from another prl~s"uger J,-
C'drutally hitting uim % shouting ~ the
porter "a p%-,;c,; himself rom assault,
az r~r,NHnH'c.y caused by the l%tortor'-
vsppvyfYF not ~ ,ft = -.
co vs Jackson. Ark. ~ : " 80.
In an action for he death Of a
servant from the Kick Of u Wulc thu
kEnwlsdg" Of defendants tetms;.r and
barn man that the mui" was vicious
was sufficient 90 charg, defendant Win
kuowledg' ihcrenf-fiohh'us ~. Magoon
and kimbtll Co., Mich, 153 y " 10.
In acton for personal injuries, dam
age for mental anguish caused Wv In
ability to he with plaiutiif's sick aud
diving wiz and for his feelings while iu
cemetery whohr his VI, was buried az"
TOO rcmot--St Martin ". y. V. Y n
y II /; l. 60. conn, - Al. 90"
since s.lvcs could not contract. thcy
could out"r no valid marriage. ami from
their unions no riNil rights could spring,
60 tina, the is>u. were incapable III in
h,rItiug Napicr ", Church. Tenn, Ia
: W IS
one Of tho arst cases ir which the
owner 81 u dog recovered damages for
injuries To- the animal. although 1t was
traspasSiug at IN" time, j. reported in
Fsimbaud IS. Re,ermoistcr before The
Court ~ appeals of New York. I'm which