The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-10-28
An EXTRAORDINARY SCENE.
Exciting Dispute Between Judge and Distrio
Attorney In the Sullivan Trial,

Attorney In the sullivan THAI,
CHICAGO. Dot. 28-In the trial of Alex
ander Sullivan for the murder OF Francis Han
ford most extraordinary scene occur
red yesterday. The Jury had come In for
instructions, and Foreman Matthews said
ttat there was only one question OF law
before tho Jury. One of them claimed that
Sullivan bad not the right OF self defence on his
side at the time OF the firing. 1--WE have read
your Instruction. said he, land he still claims
that the danger was not apparent enough for
him to be the judge Of IT,"
The person attacked" said Judge McAllis-
ter, Is the ouly person who can be the Judge OF
the circumstances that give rise to the right OF
self-defence."
~ ben you do claim that he rad the right OF
self-defencef" asked the foreman.
But he must act as a reasonable man In the
premises" interpo.ed Reed, excitediy.
"Thst Ia not the law" said the Court, and then
he and Reed spoke together, he adding that the
defendant must aot as reasonable Ne any other
man under the circumstances as they appeared
TO him, and Reed reitersting his proposition.
Judge McAiistor, but do not Or propose pose TO have have
anybody dictate to me here as to what shall be
the law. wish to have the counsel give me an
opportunity to eIpound the law. l am respon-
eibe for Il, and the jury shall take II from me,
and not from ths states attorney"
Al this DECIDED expression, the people present,
anu ptrttulhlN tnose In the galleries anu the
west end OF the bouse, gave vent to their fesl-
lngs In tremendons burst OF applause. that rose
S ee.S'ndS % S.nS ir9% the a,ess se%esyey modest
not subsided when Reed was heard. protesting,
You have a right" responded the Court, "to
make suggestions at proper times and under
proper circumstances. You haye. no right 10
suggest what the Law Is to the jury"
"Haven't the right to suggest It to your" de-
manded Reed, pale with excitement.
You don't suggest It to me-" retorted the
Al n he ttIr
II have tue right to do H. Persisted Reed.
Isay you have not the right 10 control this
Judge"
ment prevailed IN the crowd. When the Court
made this last remark he WAS favored with sym
psthy. Voices from the throng shouted thal he
ting these demons rations Reed went on.
As = representative Of me neople'" he e1-
Honor tnat your Honor ought to state all bran
90 OF tho case together
lhe applause rose again on this. but fainter,
and from only the southeast end OF the room.
Mr.. Reed continued: When juror Dsks your
Honor II a man himself Is to be the Judge OF a
situation. have right to say what tue Su-
preme Court Of this State has decided"
Here II diversion was created ~ the sudden
anu NOISY fall OF several spectators from the
ovsrctowded ledge OF the west balcony into the
crowd below. When the turmoil incld ent to
this accident had parti ally subsded, Reed went
ahead, aud as ne rly AS any one could hear, saId
that the supreme Court had decided that In ian
must nave acted, under such oiIcumstat Ces as
IA reasonable man. " have The right to suggest
that to your Honor"
"You have riRht to suggest II to me-" said
the Court, but not to the jury"
81 cant . RRest II to your honor without the
jury neuring H. replied heed.
Swett interposed, verv calmly untouched by
the tension Of the moment. lie suggested that
the court make It's instructioDs on the disputed
point clear thItthe Jury could not mistake IL.
81 should not think there would be any mis-
take about the matter" said the Court.
SWEET did not think so either, but he thought
II might be well to make II as plain as possible
Judge McAllister, without any reuiy put on
his glasses and began 10 write. Reed also took
q piece Of paper and began to write. with the
eyi .ent intent Of putting In his own INSTRUCTION
" that OF the Court SHOULD not suit MIN. Both
remained busy for about hye minutes, and then
the Court requested the Jury to Use. They did
so, and he read TO them as follows III there
were apparent grounds or reasons for the ne
oused to fear that he was In danger Ot
great bodily harm at the hands Of the
deceased, II Is sufholont n the appear
Hnces Of danger were such hs 10 inspire
such fear In ar easOnahle man, placed In the
same situation, knowing all the circumstances
which no Is supposed to have known. And OF
oourss the accused was To be the judge, rni all
that Ia required Is, that his judgment should
have been u Reasonable one under the crcum-
stances,
~ am satisfied with that" said Mr.. Reed
tearing up what he had written.