Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1876-09-22
saults him. and excuse himself on the

saults him, and excuse himself on the
ground of self-defense; but, in order
to entitle himself to this plea, he must
make it appear, first, that before
a mortal stroke was given he had de-
clined any further combat; second,
that he then killed his adversary
through mere necessity, in order to
avoid immediate death. Under such
circumstances the killing will be eX-
cusable seif-defense."
This is one of the first and soundest
principles of criminal law. Now, let
us see how far sullivan acted in self
defense. True, technically, he made
the first assault. il it could hc So termed,
though it lacked malice, the stroke be.
ing given in fun and afterward
a~pologized for, by his saying to
Schramm that he vas only
"joshing." So much for that. Then
we find Schramm not satisfied with
the apology, drawing his pistol and
using abusive language. While in the
saloon, Sullivan does not in terms ode
cline" The combat, but she does with
draw from the room, and as the greater
weight of the testimony proves, with
out expressing a desire to continue the
affray. How could a man decline
dtf IuTbDcT COJlDdL IloIe uttIGcuIV
than that? Now as to the latter clause
of the law quoted: "Killed his adver-
sary through mere necessity" He
swears that he had pocketed his own
pistol when Schramm got outside, and
that Schramm advanced with his pis,
toll by his side and raised it and pointed
it at him. Enright proves that
Schramm "meant shoot" for his pis-
toll was cooked after he was shot and
had fallen No man must wait till he
is shot before he can defend himself,
for that would be too late. SO we can
see, and Sullivan had every reason to
suppose, that he fired when he did,
''in order to avoid' his W Gimme
date death"
In all this case | can safely say,
without fear of contradiction by the
testimony, that after Sullivan said:
sect her out" he acted only in SELF de-
tense, and a, he had a natural, as well
as legdt right to do.
And, 10 show how very unjust this
movement against me is, | will here
state that Judge Shafer, the then acting
District Attorney, presented all the
testimony in the case to our last Grand
Jury, and that body, composed of
some of our very best citizens, looked
upon the case in the same light that |
did; and promptly and, as | believe,
very properly ignored the bill against
Sullivan.
And now, a few words to my fellow
citizens, in conclusion. | am a candi-
date for reelection &c the office | now
hold. If my action in the Sullivan
case. or any other; or If any official
get of mine, in the capacity of Justice
of the Peace, is by any voter thought
to he sufficiently wrong 10 disquality
me for the office, | honestly say to
that man: Cast your UOte against me;
for i assure you all, that | will in the
future, as in the past, do what | con-
ceive to be my duty under the law,
fearlessly aud honestly, let whosoever
will, be ~displeased at my action. And
II had the Sullivan case over again
this day would as certainly discharge
him from custody as that | have al
ready done so. And here leave my
chances to be decided by a secret or
gauiZation, composed of the lowest
class of our German citizens, on the
one side, and the honest, tair-minoed
Americans of all nativities on the
other. And, in referring TO the former.
| wish il distinctly understood that
only allude to the low and ignorant
class, for "A large number of respectable
and intelligent Germans have de-
nonnced in unmeasured terms the
aforementioned secret organization
and its object, and l am proud to assert
that among the citizens of that nation
ality | number some of my best PER-
sonal and political friends.
Yours truly,
X. NJ. BEATTY.
Eureka, Sept. q, 1876.