A pun does not commonly justify a blow in return. But if a blow were given for such cause, and death ensued, the jury would be judges both of the facts and of the pun, and might, if the latter were of an aggravated character, return a verdict of justifiable homicide. Thus, in a case lately decided before Miller, J., Doe presented Roe a subscription paper, and urged the claims of suffering humanity. Roe replied by asking, When charity was like a top? It was in evidence that Doe preserved a dignified silence. Roe then said, "When it begins to hum." Doe then—and not till then—struck Roe, and his head happening to hit a bound volume of the Monthly Rag-bag and Stolen Miscellany, intense mortification ensued, with a fatal result. The chief laid down his notions of the law to his brother justices, who unanimously replied, "Jest so." The chief rejoined, that no man should jest so without being punished for it, and charged for the prisoner, who was acquitted, and the pun ordered to be burned by the sheriff. The bound volume was forfeited as a deodand, but not claimed.
People that make puns are like wanton boys that put coppers on the railroad tracks. They amuse themselves and other children, but their little trick may upset a freight train of conversation for the sake of a battered witticism.
I will thank you, B. F., to bring down two books, of which I will mark the places on this slip of paper.
