The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-11-09
EXTRAORDINARY SCENE.

| was only OUo Qu0SIlOu VI law O04OAO 1Ac
jury, One of them claimed that Sulli-
van had net the right of sef-defense on
his side at the time of the firing. We
have read your instructions" said he,
ssand he still CLAIMS that the danger was
nos apparent enough for him to be
the Judge of it. -
's'rhe person attacked" said Judge
McAllister, SIS the only person who
can be the judge of the circumstances
that give rise to the right of self-de-
| fense."
ssThen You do claim that he had the
right of self-defense?" asked the fore
man.
"But he must act as reasonable man
in The premises. !" interposed States At
tornev Reed, excitedly.
"That is not the law" said the Court,
and then he aud Reed spoke together,
he adding that the defendant must act
as reasonable as any other man under
the circumstances as they appeared to
him, and Reed reiterating his PROPOSE
ton.
"You are trying to control this court, d"
said Judge McAllister, "but Go not
propose to have anybody dictate to me-
here as to what shall he the law. wish
to have the counsel give me an opportu-
nifty TO expound the law. / am respon-
sible for it, and the jury shall take it
from me, and not from the States At
torney."
At this decided expression, the people
present, and particularly those in the
galleries and the west end of the house,
gave vent to their feelings in a ttemen-
dous burst of applause, that rose in
crescendo from the comparatively mod
est clapping of hands to a deafening
roar. 1t had not subsidized when Reed
was heard, protesting,
"I have right I"
"You have o right" responded the
Court, 60 to make suggestions at proper
times and under proper circumstances.
You have no right to suggest what the
law is to the jury"
IS Haven't the right to suggest it to
you?" demanded Reed, pale with excite
ment.
"You don't suggest it to me-" retort-
ed the Court, sternly. " You suggest it
to the jury"
ct have the right to do it," persisted
Reed.
"I say you have not the right to con-
troll this court - replied the Judge.
81 have the right to expound the law
to the Judge"
During this passage the most intense
excitement prevIiled in the crowd.
When the Court made this last remark
he was favored with sympathy. Voices
from the throng shouted that he had the
right, he had the right. Without no.
tieing these demonstrations Reed went
on:
GAS representative of the people, y
he exclaimed, "I have a right to suggest
to Your Honor that Your Honor ought
to state all branches of the case to-
gether."
The applause rose again on this, but
fainter, and from only the southeast enc
of the room. Mr.. Reed continued
"When juror asks Your Honor if 6
man himself is to be the Judge of sit
uation, have a right to say what the
Supreme Court of this State has deci
ded."
Here diversion was created by the
sudden and noisy fall of several specta-
tors from the overcrowded ledge of the
west balcony into the crowd below.
When the turmoil incident to this acct
dent had partially subsidized, Reed went
ahead, and, as nearly as any one could
hear, SAID that the Supreme Court had
decided that man must have acted, un
der such circumstances, as reasonable
man. 81 have the right to suggest that
to Your Honor"
"You have right to suggest it tx
me-" said the Court, "but not to the
jury"
tI can't suggest it to Your Honor
without the jury hearing il, replied
Reed.
SWEET interposed, very calmly, un
touched by the tension of the moment
He suggested that the Court make it,
instruction on the disputed point 81
clear that the jury could not mistake it.
ST should not think there would bt
any mistake about the matter" said the
Court.
SWEET did not think so either, but he
thought it might be well to make it al
plain as possible.
Judge McAllister, without any reply
put on his glasses and began to write
Reed also took piece of paper and be-
gan to write, with the evident intent Of
putting in his own instructions if those
of the Court should not suit him. Bott
remained busy for about five minutes
and then the Court requested the jury te
rise. They did SO, and he read to then
as follows: eff there were apparent
grounds or reasons for the accused tc
fear that he was in danger of great bod
lily BARN at the hands Of the deceased.
it is sufficient if the appearances of dan
ger were such as to inspire such fear in 6
reasonable man, placed in the same stu
alton, knowing all the circumstances
which he is supposed to have known
And of course the accused was to be the
judge, and all that is required is, tha
his Judgment should have been reason
able one under the circumstances.
CT am satisfied with that" said Mr.
Rood tearing I'M what he had written