The Leavenworth weekly times., 1879-06-05

l tWpT he aWpTrIeLUEU Ut-Ign U
| Smi,h II TO do him great personal Injury am
: | believed there vas immiuen danger OF suci
| design being accomplished ana ina. tL- hLi
| ing WIS done without malice In an effort |"
| prevent the execution OF sush design ant
t save himself, the defendant should De ac
, quilted
All that the law exscts is that there shai
be reasonable apprehension OF lmmlneh
danger on the part Of the accused.
, II considering the circumstances OF thl'
case the threats of the deceased, II any theil
| communication to the defendant, the Ian
| suage and acts of the deceased, the deien
| dant had reasonable grounds TO believe and
did believe he was in great d 'nser OF death oI
| great bodily harm ut the time he hred, and
| W not the aggressor, he had. under the law
| a righ; to shoot, and the law holds him guilt
less of crime, and he should be acquitted.
| II Latin was in the public Office OF a hotel
| on business or pleasure, without prohibition
| by the proprietor, he had right to be there
| and to 90 there and no man had the right 10
| assault him there.
| Tn. contest al the st able has nothing TO do
| with the homicide, unless As evidence Oi the
state of feeling existing between the parties.
VINO was right or wrong in that contest Is
| not n question for decision in this case. Inc
defendant Is either justified or not, on the
facts : they occurred al the time
| tt e law Of se'i preservation l. law oi na-
| tU7e, i called and known a. the UeTy HTSt idIo
| gf GGutre, al 4 l. recognized - the law Of all
| CIVIIIZad state and ShDI a be administered
by juries in lis fullest and most generous
| The raj crucial question in this case is not
| the conduct oi Smi or Latin at the stable,
| wheter that conduct or liE gusge were proper
| or not but is, what wS.s tie Sctul state of
| ff,irs al the moment of firing the fatal
| Shot.
| as>ailed, but mad right 10 defend his life
/ and person where he stood.
| the Court cOncIuded:
| Tenth What / have said believe TO be
the law applicable to this csssr, and yO1 are
| bound TO accept II as such. II an error has
| been committed therein To the prejudice of
4 r.. f.FagH. hfS 10 ~ tn
| supreme Court OF the St2ie. The defer dent
has been on the witness stand before
| that he iufli i.ted the fatal wound IA: the time
| and place mentioned in this inform iiion.
| The law, experimenting that statement, says
| That he did II Intentionally. because the law
| presumes thata man intends tine necessary
| consequence of his act. But the defendant
| claims that the deed was perpetrated in
| self defense and v as thereto eJusttfi2ble, and
his is ths principal question IN the case 1t
| is your duty, in the light OF all the circum.
stances detailed in the evidence, applying
the com mon knowledge men of intelligence
are supposed to possess, of the motives and
impulses that actuate men generally, TO d..
termIne whether the act WAS done Il. selfde-
Tense or not lfyou have r, aSouable doubt
upon the subj CT you must give ;he dtien
uant the benefit of IL anu acqul him; but II
YOU shalt find that the act was neither justi-
naple or eXcuStbse, your imperative duty Is,
although "A very diSagreeable one. TO resolute-
ly auu uniiinchi ingly SO say by your verdict.
| E.eventn.-If YOU shall lind the defendant
9l.l ~ II VIII De your uIlE 10 say DS luis
V, rIiict which you shall render. whether OF
murder of the first or second degrees, or OF
one OF the other iour degrees Of IN onslaught
ter, as described ia the sections of the statute
/ nave read IN your hearing and TO specify II
IN your nudin-.
Twelfth.-If you fiud the defendau. guilty
the form OF the verdict should be: 1--WE, the
jury, fini the defendant guilty Of" spec-
IIyIng whether Ot murder in the first or Sec
ond degree, or of manslaughter in the first.
second. hind or fourth degree,
Won IND IN ut ON - 10
tiud the ugienGant not guilty. In either
ct-e let the verdict be reduced to writing
and signed b. o. OF your own number, to be
appointed by yCurSe NeS as iOTeInau.
THE ARGUMENTS.
Hon f. stillinss opened for the State, with
a strong plea as TO the necessity for the pun.
ishment of crime, tor q e protection and well.
being OI society; that II the c lurts did no
prot CT the peOp e, they took the law in
the T own hands, and IL then sometimes hap
pened that innocent person suffered.
The necessity of the jury going into ali the
matters bearing upon the killing of Smith
by Latin as urged. he tHen detailed the
circumstances prior to The Xxi ling-the quar-
rel n the Planters HouSs stables, on The 9Th |
day of MaTcn, aud the statements Of Latin |
at the time, and what he had sa d after \ ard. |
IL all te ded To show, he sa' q, that LIttin |
held bad feelings toward Smith. lie had told |
parties just after the first quarrel that he had |
kicked ~mith aft-r knocking him down but |
he denit q IT low on the witn'Ss stauu. |
Here was falSehood, which being proven |
upon nifn, made all his after Z. m Ony in |
his own bahaif suspicious
After this quarrel, he said the 7stimOny |
showed tnat I.4filu had talked on several |
OccaSiunS in regard To the matter, showing /
his reyeBgetui feeling. Killing Was his theme. |
while his piSt / daDgled from his side He |
w Latin, after he came out on unday. the /
day before the fatal occurrence, after nine !
day of suffering from he frs, assault. Here T,
Mr.. StilIlng spoke at length upon the iDluS- /
tice OF allowing q defendant In criminal |
actions to testify for for himself. The COM
mission of one crime, he argued, made a per- /
son very liable II commit another, and the |
re ul's wrought by this law are always bad. |
He then proceeded to take Mr.. Latin and |
Mr.. Peek step nv step from Golfers stable 10 /
the Planters II HDuSe, on the morn ng OF the /
fatal shooting. The relative positions of the |
two parties, Latin and Smith, were then |
fixed. Col Van Notrst swore that when he /
Latin had p!stOI leveled upon smith. The |
defense claimed that these words Were |
used before Latin drew his pi.tD and that |
smith afterwards struck Latin over the /
head and threw the hatchet-all before |
Latin drew his pistol. The testimony OF the /
bell-boy corrob ia ell rs 10 tie time of
throwing tne Ratchet, he being up stairs |
when the first Sror was fired, and coming !
down, saw Smith with th- hHtchet raised |
Mr.. S-i,iingS then Proceeded tn argue That |
Mr. Latin was not hurt with the hatcht I. |
but tuat he and Mr.. Peck made the wounds
and the rents IN the clothing afterwards l
TIE who'e defense was merely gotten up on |
the f!Insiest Pretensc
THE DEFENSE.
Mr.. Fenlon, for the defense, said that he |
wished to harrow up no tender feelings of The /
friends II the deceased; but the prosecution
had been unfair and made unfair STATE
mentS, which III de the case IA sh=r per>e
cutiou Ihan a pros, cution. He appealed to |
the jury If the prosecution had stated the
facts rs proven. The State had held the
threat of the eXerc Sc OF lynch law before the
jury. unless the defendant was convicted 1t
was the studied effort Of tie State 10 warp
ana prejudice the minds Of the jUry-nOt to
have The case treat-d impartisiiy as justice
demanded. Smith was au average man-no
bet eT nor any worse than tie common run.
That his family was wealthy amt honorable
entered not into this case: but il must be |
tried without any such considerations. Two
facts were 10 be cOnsidered-Ihe shooting Cf
smith by Latin. which was cOncei"d; next,
was Latin guilty of murder in so doing.
The argumen, of the prosecution had been
mainly based upon unfair deductions which
could not be drawn from the testimony. A |
great deal had been said abOut what hap.
pened before the shooting. The crucial
point was what occurred at the time of the
ran aod Iore his coat Afterwards was too alb.
surd TO think about. Others Swore TO those |
cuts being inflicted There was nothing to
show that the hstchets were not thrown.
As regarded l. lttiu language, men often |
said things they did not mean. As for
Smiths dying declaration, he was under the
il fiurnce or mO-phia and his mind could
not have been clear L4ti!d did not have
Ia flee when he was Gssaulr cd, and there was
nothing 10 show Jhat ii Smith bad not COM
mencgd upO1 him that the killing would
have occurred.
The defense asked no sympathy, but de
mande d ony the law in the case, and the
when each Individual member were sum |
moned before that high tribu Isl, from which
there was no appeal. he could go with d clear
conscience ana IA clean heart.
CLOSING ARGUMENT.
Hon ]. ". Tay OF, County Attorney, then
closed fO the defense. He sad that Lille
had been take~ and the defense ingenIously
twisted the efforts TO show tire motive into
ss..H, rfsT syf. TOD tn
cute when The blood OF poor Dan smith call
ed loudly for vengeance. He only wanted,
IN closing. 10 keep TO tue time of the actual
occurrence, as the prior facts had been ably
dealt with by Mr.. SfliiingS. When Latin came
into the Office that day. he could not haye
helFed seeing Smith Tn9 defense might
try to wipe out that dying declaration made
when the angels We're wsiting TO bear the
spiIit OF ID an smith over the dark river; but
they could not wipe out the great drops and
prints of blOoJ.W hich must be on l. tins
hands forever. The statement he made to
his sister supported that dying declaration;
nay NOR, the surroundings showed II. That
silent witness, the bullet in the counter, |
showed that the f1rst shot had been fired as
smith crouched behind the counter. before |
the pistol OF Latin, who depressed II tor the
deadly effect med at, but IN his excite
carried IL too low. Ii there was self-defense /
in this case, IL was in the efforts of Dan
smith. when he turned and saw that pistol |
leveled upon him, and VINO tried to find |
some means of saving his life which was in
danger.
NOu are asked 10 CONVICT lNe ueler uart L
from tue test mOny; because bad men should /
be punished; because the law demands ii ; /
because it is IN the interest of peace ana |
coed order; because it il a due sacrifice for /
the lie of him who sleeps in the silent |
tomb All the laws and everything in the /
interests OF justice demand II
The jury, AT We o'c.ock precisely, retired |
to the jury room
At Il o'c ock last night the jury entered the |
courtroom, but unprepared 10 return ver- |
dict. The counsel for the defense and two OF |
the jurors insisting, the charge was re-resd |