Evidence. Prove the administering, etc., of the poison, etc., as directed, ante, p. 816. Prove also that by means thereof the prosecutor's life was endangered, or grievous bodily harm was done to him (see ante, p. 842). If the poison, etc., is administered merely with intent "to injure, aggrieve, or annoy,' which in itself would merely amount to a misdemeanor under s. 24, yet if it does in fact "inflict grievous bodily harm," this amounts to a felony under s. 23. Tulley v. Corrie, 10 Cox, 640. In order to a conviction of the misdemeanor mentioned in s. 24, it must be proved that the defendant intended the administration of the poison, etc., to "injure, aggrieve, or annoy" the prosecutor. See R. v. Wilkins (ante, p. 848). Whether the thing administered is a "noxious thing" or not, may depend upon the quantity administered, some drugs being innoxious in small, and noxious in large, quantities. Thus, where the prisoner was indicted under s. 24, and the evidence was that he had administered cantharides to the prosecutrix, that a large dose of cantharides is poisonous, but that the quantity administered by the prisoner was insufficient to produce any effect upon the human system, it was held that the prisoner could not be convicted under s. 24 of administering a "destructive or noxious thing," notwithstanding the prisoner administered it with intent to injure or annoy. R. v. Hennah, 13 Cox, 547; Cockburn, C.J., and Hawkins, J. On the other hand, where the prisoner was indicted under s. 58 (ante, p. 826), for having caused to be taken a certain noxious thing, to wit, half an ounce of oil of juniper, with intent to procure miscarriage, and the evidence was that oil of juniper in considerably less quantities than half an ounce might be taken without ill effects, but that half an ounce produces ill effects, and is to a pregnant woman dangerous, it was held that the half ounce of oil of juniper was a "noxious thing" within the statute. R. v. Cramp, 5 Q. B. D. 307; 49 L. J. (M. C.) 44; 14 Cor, 390. And where the drug administered is a recognized "poison," then it may be that although the quantity administered by the defendant is so small as to be incapable of doing harm that is sufficient to bring him within the statute. Id. INJURING OR ATTEMPTING TO INJURE PERSONS BY EXPLOSIVE OR Statute. 24 & 25 Vict. c. 100 (Offences against the Person Act, 1861), s. 28-Causing bodily injury by explosives.]—Whosoever shall unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, burn, maim, disfigure, disable, or do any grievous bodily harm to any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or to be imprisoned. . . and, if a male under the age of sixteen years, with or without whipping. [This section is taken from 9 & 10 Vict. c. 25, s. 37.] ... Sect. 29-Using explosives or corrosives with intent to do grievous bodily harm.]-Whosoever shall unlawfully and maliciously cause any gunpowder or other explosive substance to explode, or send or deliver to or cause to be taken or received by any person any explosive substance, or any other dangerous or noxious thing, or put or lay at any place, or cast 54 A.C.P. or throw at or upon or otherwise apply to any person, any corrosive fluid or any destructive or explosive substance, with intent in any of the cases aforesaid to burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life.... or to be imprisoned. . . and, if a male under the age of sixteen years, with or without whipping. [This section is taken from 9 & 10 Vict. c. 25, s. 4, and 7 W. 4 & 1 Vict. c. 85, s. 5, with the alterations in italics.] Sect. 30-Placing explosives near buildings or ships with intent to do grievous bodily harm.]-Whosoever shall unlawfully and maliciously place or throw in, into, upon, against, or near any building, ship, or vessel any gunpowder or other explosive substance, with intent to do any bodily injury to any person, shall, whether or not any explosion take place, and whether or not any bodily injury be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years. . or to be imprisoned . . . and, if a male under the age of sixteen years, with or without whipping. [This section is taken from 9 & 10 Vict. c. 25, s. 6.] ... Sect. 64-Making gunpowder, etc., to commit felonies against the Act.]— Ante, p. 821. Indictment for Burning by Gunpowder. (24 & 25 Vict. c. 100, s. 28, ante, p. 850.) Commencement as ante, p. 839]-feloniously, unlawfully, and maliciously, by the explosion of a certain explosive substance, that is to say, gunpowder, did burn one J. N.; against the form [as ante, p. 840]. Add counts varying the statement of the injury according to the circumstances. An indictment under s. 30 for maliciously placing or throwing gunpowder into, etc., any building, etc., with intent to do bodily injury to any person, may easily be framed from the precedents (ante, p. 668). Felony: penal servitude for life or for not less than three years, or imprisonment, with or without hard labour, not exceeding two years; and, if a male under sixteen years, with or without whipping. 24 & 25 Vict. c. 100, s. 28; 54 & 55 Vict. c. 69, s. 1, sub-ss. 1, 2 (ante, p. 235). As to requiring the offender to enter into recognizances and find sureties for keeping the peace, 24 & 25 Vict. c. 100, s. 71 (ante, p. 778). As to the punishment of whipping, see ante, p. 216, and 24 & 25 Vict. c. 100, s. 70 (ante, p. 778.) This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126). Evidence. Prove that the defendant, by means of the explosion of gunpowder, burnt the person of J. N., or maimed, disfigured, or disabled him, or did him some grievous bodily harm. (See ante, p. 807.) Prove that the act was done maliciously. (See ante, pp. 303, 308, 651, 701.) Indictment for sending an Explosive Substance, with Intent, etc. Commencement as ante, p. 839]-feloniously, unlawfully, and maliciously did send ("send or deliver to, or cause to be taken or received by any person ") to one J. N. a certain explosive substance, to wit, two drachms of fulminating silver, and two pounds weight of gunpowder, with intent in so doing him the said J. N. thereby then to burn (" burn, maim, disfigure, or disable, or do some grievous bodily harm "); against the form [as ante, p. 840]. Add counts varying the injury and intent, and the description of the thing sent: if that be doubtful describe it as a certain dangerous [or noxious] thing to the jurors aforesaid unknown." See also precedents, ante, pp. 668, 669. 66 Felony. 24 & 25 Vict. c. 100, s. 29. See the last precedent. This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126). Evidence. Prove the sending of the explosive substance, and the intent as directed, ante, pp. 300, 308-312. Under 7 W. 4 & 1 Vict. c. 85, s. 54 (rep.), it was necessary to prove that the prosecutor was actually burnt, etc. But by the present statute the offence is complete by the malicious sending, etc., with intent to burn, etc., any person, whether or not any bodily injury be effected. Indictment for throwing Corrosive Fluid with Intent. (24 & 25 Vict. c. 109, s. 29, ante, p. 850.) Commencement as ante, p. 839]-feloniously, unlawfully, and maliciously did cast and throw upon (" cast or throw at or upon or otherwise apply to any person") one J. N. a certain corrosive fluid, to wit, one pint of oil of vitriol ("any corrosive fluid or any destructive or explosive substance"), with intent in so doing him the said J. N. thereby then to burn; against the form [as ante, p. 840]. Add counts varying the injury and intent and description of substance thrown. See the last precedent. Felony: 24 & 25 Vict. c. 103, s. 29. See the last precedent but one. This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126). Evidence. Prove that the defendant wilfully threw vitriol on (or at) the prosecutor; and prove the intent as directed (ante, pp. 300, 308-312). 6 G. 1, c. 2, s. 11 (rep.), made it felony to assault any person in the public streets, etc., with intent to cut, etc., and cutting the clothes of such person: upon which it was held in a case where the defendant intending to cut the person of the prosecutrix, struck her with a sharp instrument, and, in doing so, cut her clothes, that the primary intention must be to cut the clothes, and that as the primary intention there was the wounding of the person, the statute did not apply. R. v. Rhenwick Williams, 1 Leach, 529,533. So here, if it were clearly shown that the intention was only to burn the clothes, it would seem not to be within the statute; but unless the contrary be proved, the intention will be evidenced by the act. Boiling water was held to be "destructive matter," within the 7 W. 4 & 1 Vict. c. 85, s. 5 (rep.). R. v. Crawford, 1 Den. 100; 2 C. & K. 129. CAUSING EXPLOSIONS LIKELY TO ENDANGER LIFE. Statute. 46 & 47 Vict. c. 3 (Explosives Substances Act, 1883).]-Ante, pp. 664-6. SETTING SPRING-GUNS, ETC., WITH INTENT, ETC. Statute. 24 & 25 Vict. c. 100 (Offences against the Person Act, 1861), s. 31.]— Whosoever shall set or place, or cause to be set or placed, any springgun, man-trap, or other engine calculated to destroy human life or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, shall be guilty of a misdemeanor, and being convicted thereof shall be liable... to be kept in penal servitude...; and whosoever shall knowingly and wilfully permit any such spring-gun, man-trap, or other engine which may have been set or placed in any place then being in or afterwards coming into his possession or occupation by some other person to continue so set or placed, shall be deemed to have set and placed such gun, trap, or engine with such intent as aforesaid. Provided that nothing in this section contained shall extend to make it illegal to set or place any gin or trap such as may have been or may be usually set or placed with the intent of destroying vermin: Provided also, that nothing in this section shall be deemed to make it unlawful to set or place or cause to be set or placed, or to be continued set or placed, from sunset to sunrise, any spring-gun, man-trap, or other engine which shall be set or placed, or caused or continued to be set or placed in a dwelling-house for the protection thereof. [This section reenacts 7 & 8 G. 4, c. 18.] Indictment. Commencement as ante, p. 839]-unlawfully did set and place and cause to be set and placed, in a certain garden situate at the parish of B., in the county of M., a certain engine calculated to destroy human life (or inflict grievous bodily harm), to wit, a spring-gun (" spring-gun, man-trap, or other engine calculated to destroy human life or inflict grievous bodily harm"), which was then loaded and charged with gunpowder and divers leaden shot, with intent that the said spring-gun, so loaded and charged as aforesaid, should inflict grievous bodily harm upon (“ destroy or inflict grievous bodily harm upon") any trespasser ("any trespasser or other person") who might come in contact therewith; against the form [as ante, p. 840]. Misdemeanor: penal servitude for not less than three years and not exceeding five years; or imprisonment, with or without hard labour, not exceeding two years. 24 & 25 Vict. c. 100, s. 31; 54 & 55 Vict. c. 69, s. 1, sub-ss. 1, 2 (ante, p. 235). As to fining the offender and requiring him to enter into recognizances and find sureties keeping the peace, and being of good behaviour, 24 & 25 Vict. c. 100, s. 71 (ante, p. 778). Evidence. Prove that the defendant placed, or continued (see 24 & 25 Vict. c. 100, s. 31, supra) the spring-gun loaded in a place where persons might come in contact with it; and if any injury was in reality occasioned, state it in the indictment and prove it as laid. The intent can only be inferred from circumstances (see ante, pp. 303, 308, 339), as the position of the gun, the declarations of the defendant, and so forth. Any injury actually done will, of course, be some evidence of the intent. This statute applies only to instruments set with an intention to do grievous bodily harm thereby to human beings, or whereby grievous bodily harm is actually done to a human being; not, therefore, to dogspears set by a man in his own land. Jordin v. Crump, 8 M. & W. 782; 11 L. J. (Ex.) 74: cf. Wootton v. Dawkins, 2 C. B. (N. S.) 412. If death was caused by setting a spring-gun, the setter is guilty of manslaughter. R. v. Heaton, 60 J. P. 508, Kennedy, J.; and see ante, p. 804. The prisoners were indicted under s. 31 for causing to be set or placed in a field a spring-gun or engine calculated, etc. The gun in question was an alarm gun stuck in the ground and was loaded with a cartridge containing shot, but there was no evidence to show that the prisoners knew that the gun contained shot. It was contended that the evidence disclosed no offence because the engine must be calculated, etc., and the gun was merely intended to give an alarm, and the fact of its being loaded did not alter its character or the object with which it was set. These contentions were overruled: R. v. Smith and York [1902] Northamptonshire Assizes, 37 L. J. Newsp. 89, Bruce, J. ENDANGERING THE SAFETY OF RAILWAY PASSENGERS. Statutes. 3 & 4 Vict. c. 97, ss. 13, 14-Neglect or misconduct by railway servants.]— See ante, p. 688. 24 & 25 Vict. c. 100 (Offences against the Person Act, 1861), s. 32.]— Whosoever shall unlawfully and maliciously put or throw upon or across any railway, any wood, stone, or other matter or thing, or shall unlawfully and maliciously take up, remove, or displace any rail, sleeper, or other matter or thing belonging to any railway, or shall unlawfully and maliciously turn, move, or divert any points or other machinery belonging to any railway, or shall unlawfully and maliciously make or show, hide or remove, any signal or light upon or near to any railway, or shall unlawfully and maliciously do or cause to be done any other matter or thing, with intent, in any of the cases aforesaid, to endanger the safety of any person travelling or being upon such railway, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life. or to be imprisoned, . . and, if a male under the age of sixteen years, with or without whipping. [This section re-enacts 14 & 15 Vict. c. 19, s. 6, with the substitution of "unlawfully "for" wilfully."] Sect, 33.]-Whosoever shall unlawfully and maliciously throw, or cause |