The Arizona sentinel. [volume] (Arizona City [Yuma], Yuma County, A.T. [Ariz.]) 1872-1911, 1874-12-26
On this head. his Honor oroo,a

On this head, his Honor, among
other instructions charged as fol-
lows: Now as to killing in self
dense, First. In order to make a
killing in self-defense justifiabIe,
it must appear that the circum
stances were sufficient to excite
the fears of a reasonable person
that his life was in danger or that
he was in danger of receiving
great bodily harm. You are to be
the judges of the reasonahleness
of those fears. 1t is not enough
shat the party killing had fears of
his life or limb. You must be able
to say. from the circumstances of
the case as shown to you, by the
evidence that those fears were the
fears of a reasonable" person.
Second. 1t is not enough even
that he had such reasonable fears.
but you must be convinced that
he acted under the influence Of
those fears and not in a spirit nf
reVeuge,
Third. II is not sufficient that
he had such reasonable fears, mo-
that he acted under the influence
of those fears, but Is must also ap-
pear that the danger was so ar
gent and pressing that in order to
save his own life or prevent his
receiving great bodily marin. the
killing Of the other was absolutely
necessary.
Fourth. Even all of the fore
going conditions are not sufficient
to make the killing justifiable
homicide, but even when they all
exist, it must appear also that the
person killed was the assailant, or
that the slayer had really and in
good faith endeavOred to decline
any further struggle before the
mortal blow was given.
The law regards human life as
the most sacred Ofall the interests
committed to the protection, and
there can be no successful setting
up of self defense, unless the dan
ger is so urgent and pressing, that
i'm order to save ones life or pre-
vent the reception of great bodily
harm, the killing of the other per-
son Was absolutely necessary and
also that the party killing did not
begin the assault, or, if having be-
gan it, that he really and in good
faith endeavored to decline any
further struggle before the NOR
tai blow was given. Such is the
law of self-defense as established
by the Legislature of this Terri
tory.
The other charges related to the
definition of manslaughter and of
murder in the first and second de-
grees, and the distinction the
inrv must make between com
inundated and uncOmmunicated
threats by the deceased.
The jury retired December 7, in
the afternoon and were out all
night. Next day at 8 a. m. they
returned d verdict of mansiaugh-
ter The trial occupied FIVE days,
there having 0oen some ADJOURN
ments on account of the sickness
of one of the jurors.
SENTENCE.
Before the session of the legiS-
lature of 1873. the punishment for
the crime of manslaughter was
imprisonment in the Territorial
prison for a term of not less than
three and not more than ten
years. But in 1873, the punish
ment was reduced to imprisOn-
ment for. not less than one and
not more than five years. On
Tuesday morning, December 10,
the court pronounced judgement.
that the prisoner Joseph II. HOl-
mes. be imprisoned in the Terri
t0rial prison for the term of three
years, and that he be confined in
the county Jail of the county of
Pima and Territory of Arizona,
until a Territorial prison be es-
tablished and until the further
order of the court.