National Republican. (Washington City (D.C.)) 1872-1888, 1873-10-13

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nanu, however Hussey mad made this threat,
and accompanied Il by acts well calculated TO
carry u into execution, and the defendant had no
olner praetlcal method OF protecting himself
from mat injury than That OF the act which ne
committed, ne was excusable.
am requested TO instruct you that although
inc danger is not actual the effect would be the
same; AMI that Is correct. Men act upon aprtar-
ancss. a celebrated chief Justice OF Massacht-
seits Illustrated this doctrine. on one occasion,
by snppos,ng an individual approaching anothel
WIN pointed rislol IN hia hand, declaring that
he was going 10 shoot him, although this pistol
was unloaded and the party making the throat In
tended no violence, but rather TO Tighten, by wsy
whom he made the threat Here was case In
which appearances were real so far rs the party
assailed was concerned. II that party, says the
chief Justice, should seize a club and lnnct 4
blow. upon the person holding tho pistol, from
which he died, u would be excusable u the blow
was made In good falth-that e, u he acted upon
real, under the circumstances, 50 tho same doe
trine would apply here. IL II IL true that Hussey
not only made the threat Imputed 70 him 10 words,
but that he rose IN addition to that; that he made
Tor me defendant, approached towards him, ex.
tended his arms 10 take hold OF him or his hand,
upon those appearances aud defending himself
rom then. Inc doctrine OF self-defence, as it
received IN this country, may be exercised
against threat Of taxing Spn iIfs. '''"' We"
Inc bodily hatfn, however, must be great. ~
, ', as " so,e.ng lnoIe .nan metc uespMs
anm h., ~. ~, " ,naa,ama MI esa..
,hsa.,an., ,,n- -. ,m.v i wv. ~ " ~
tan,,,,,,a ~" 'v y, u u,as ~, uses wy
,,hssa ~ u ,hpn., W nussvJ ~ VIZ vass, VI
,pn g. wv n tV , eMrieu in.o enec,,
caso IN wh,ch ,,n ", ny ,h h,,a sh ~ v ~ .s
marty nn,Ier Inc nirsns,,a,sno. Wy In ~ VI S
| indIraI,J n on ,he n,har h.ns h.wa.s
.hsIi ann.., !, m az. V , nanu, ngweser
| Jinasey mails thIs ,.m.y,t ia ~ .ssi rni s
saIionsIy ana N the ~ s,,.r, R.y W. n nos
| lie grouni 10 snnnose he We. ~ nsrnss, ~,
owt, iife was moi IN danger avon scrnr,Iing 10
the widest latitude to the testimony In the case
as 70 INC conduct OF Husscy, because, u y was
mele locuIar remhik, was so unueis,9ou " tne
| ueIenuhn, tne hking OF tne llIe o. hussey was
| ametc pi,tcnce, nnu cannot Ayail Nun mere. III
| npssey Wy ~. in,enu ~ ~ nIm my inJuIy, 70
| Iake nus nIe, 70 chtry nls threat into execuuon,
ahu 10 reasSnaoie person couid nave ootsinsd
,n w, lmpIession from Wnst ne saia or u,u, MS
nie Wa n9t ~ usnEei, anu hes not ent'tieu 10
'hs plea y. se,.-oeIenoe; ~. ,,-.,.
NJ" on .n,s uIo .n VI nis nav'ng P,ooapie
nus nus .,a uanser nc IuIy VII, nSe ~
.as s ~ ..nss, 1la ~ hou VII nasg ~
Ieka'u sne ~, ~ Wu,un ,nvse pstuss
VIZ s'ua'ou 'o' 'ne purpose Vi JuughR VI WIS
punt .,,,,.,.
nay ne veIy uncun Ior " mVntns hnr tne
uansauuon, anu M,er We nau nearu az ue
cMvumshn,es uetaleu " tnc MNnessss ueno.
sI smy ,. nu IN .Dol, uispnssum,,h l. msnheI
MnIe slt.ng neIc.n NAV oe very ulincut TOT "
ps uthaps 70 hu .ns quesuon propeiy. an
sh, ,n ausvey ncoessay tnnt tns' uuty
sno D1aa,, W. ps,o.neu uy you. aou MI pisss
,cnms,sn,cs nmr.n,.,o un'u, e Ano