Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-03-19

ing OF the "a OF Septembe' before supper. liver
son ask d defendant 10 walk out and talk will
MN IN ptiva.e Defendant followed him int
the garden; he asked if Mrs james was Coming
nome; defendant said yes next Saturday. hui
her sister was not coming with her. He caught
defendant by the hair, threatened TO kick him
to pieces; would smash up everything tor de-
fendant's Wite's reception. At supper. Doug
laS Doyle came in, said Iverson was on the sick
list; ne grated his teeth. went into the front
room, and was smashing things there; he came
back towards the kitchen with chair appraised
III his hands: defendant picked up the gun in
self defence; believed that ifhe fell into Iver-
sons hands he should never get away Iverson
swore he would play himself out then; defendant
told Isersou TO stop; he picked up bur one gun;
some one caught him before the gun fired; be
does not know who.
sarah James, defendants wife. her father,
| Themes James. and her sister. Matilda Shook.
all testify they were present on the evening {
the 7th OF May last. when lverson made the
assault on the d~fendan', aud narrate the par
| ticnlafs substantially as he has done. The
| absence OF The defendant on that right and Till
4 the nldd OF he next dav, created consIdera-
| bic excitement; Mrs James vent 10 Gsena
to enquire for her husband, aud iverson and
| Mr.. Hogan weni TO Dunlrith tor the same
purpose. No one made public the difficulty
between Isers0n and defendant, that caused
the later 10 leave his house aud stay away
| that night.
The foregoing. though n al, IS state
| ment as ! view u, of he more material por-
tons of the testimony, which if incorrect,
must weld to y"ur recollectlun. 1t remains
10 state The law applicable 10 the case.
Ii tie dtie' dsnt rs guilty OF murder at ali,
q ;nusi b- murder III the first degree, which
involves premedltaied design TO eff Ct death
he discharge ot loaded gun at another al so
short distance as interviewed beiweeu the de-
ieDdatt and deceased. at the tune of the firing,
evInces design TO effect death, or other great
bodily harm. What the law requires, is de-
sign or litenlIon TO effect death, or such bodi-
~ woutr ,Ink as would probably result fatally.
That design may he coutemporaneous with
the use OF the deadly weapon. The law does
not equre that there should be lying in wait,
or previous gui'ty aiming. But in case OF a
sudden purpose 10 take life, II there was any
provoca'Io", any danger to avoid, the law will
mol regard ihr accused a. guilty OF murder III
the hrSt degree, unless the pTovOcaiIon or dam
ger was so slight that the use a dangerous
weapon and IN Fl cting mortal wound there
"ith, evlncrs dep aved MUD, regardless of
he value o human lie, aud the human and
Divine sanctions amended to render it sacred.
u tou shou not find the homicIie to be
lusiIhab @, noi uiuidr III the first degree. uh-
der inIs lniu mali IN you may h.d DEBT gui iy
Oi any degree OF mans aughler who.e deiinI
hon accoids with the acts you may find prov
en- before you. Ii not being denied, or il ~ c.
essaIny appearing from he firing OF a load.
gun al The deceased under the circumstances
detailed by the evidence, that The defendant W.
tended To Infict a mortal OF dangerous wound,
call your attention 10 the I'd degree OF Mau-
aughtrr, which reads as tol o*s: { X y. 930)
Al the time oil the shooting, tlI- deceased,
II not attempting TO do some bodily injury TO
the defendant, was not Engaged IN any attempt
TO comm a lie ohy. The da>hing away OF a
tdd e, oVeithro"rg Chair, the breaking OF
glass and the like, though unis vial acts, would
not justify the defendant III raising a gun aud
shooting DOWN the Tres passer. Ever Ia de-
fence OF a dwelling house, the owner mus
first ask the intruder Ia leave, and lie cannot
resort 10 dangerous weapons TIL other means
OF removal have tailed, and not then unless he
Is Threatened with resistance, aud is Ia serious
apprehension OF harm to himself or family Or
io his dwelling house or property therein.
do not mean that he should request Tobber or
thief TO leave his premises before he may use
offensive weapons A telonious purpose may
at once be assau led whether inside or out OF
dive ling house. unless, therefore, You fad
that The defendant was III er5UnHl danger
from an assault, al the time, mehsced by the
deceased, the evidence does not show such
unlawful acts by tue deceased as would Iustl
iy the defendant ia taking his life.
But It IS insisted that the law of self de
fence, recognized as The instinct OF nature in
all crIIninai codes, jnstIfes the ACT Of shooting
III thus case. 1t is claimed that the deceased
was rushing upon the defendant With an up-
lifted Grail; that he war d man OF great phys
zeal pUw~I; thai the defendant had rea-ond0
ground 10 apprehend from the deceased some
great b"dl Inj IS; that there was lumlnrnt
iangtr oil such lnJury being accomplished;
that no other mode OF safety suggested Itself
10 the de endant, and ne shot the deceased TO
save his own pei II such you find 10 be
The iacs in tins Case, you Will ac9uit the de-
PENDANT.
Aud IN Judging OF the defendants act YOU
must view The CT, cutnstances as they appeared
10 him 81. The u4omeLt OF The att dy. Subse-
qren facts may show there wa, 10 real dam
Eer, amt Jet al the line, the appearances and
circumstances smrro iniIug The accused might
have afforded hun a reasonable grounu Tor
such belIei.
II you fhd thai The homicide was not iusti.
TAB e nor murde: IA the first degree. nor man.
$ au5hier H. tue second tie rec then YOU Will
hnd the defendant guilty of uans aughter IN
the fourth degree But the evidence must sat-
lsy 70" ot hIs crImlnaIty hey Ohd reasoha-
Bile doubt.
The jury returned a verdict of
guilty ct manslaughter in the second
degrees" and The sentence OF the Court
subsequently was that the defendant
be imprisoned 1T Waupan for the term
OF four and half years