The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-12-14
OFFICIAL PAPER. ]
Wednesday. December il, 1881

Judge Laughlin of the St Louis Grimm
al Court has made a ruling in relation to
the subject of self defence that is of gen
eral interest, it may not be good law but
has much sense on its side. 1t came up
in the trial of man named Reilly for the
| killing of Mr.. Hatch.
| Reilly had euarrelled with Hatch, and
was told that the latter had threatened to
shoot him at sight. He armed himself,
and soon thereafter, while talking with
| Phillips, an acquaintance of both men, in
the corridor of house. he saw Hatch come
down stairs. Phillips fearing trouble, and
seeing Hatch thrust one hand in the direc
ton of his hip pocket, stepped between
the two men and grasped Hatch's hand
The latter made no resistance. Neverthe-
less while they were in that position,
Reilly drew his own pistol and shot Hatch
dead.
Upon uncontradicted testimony estab
fishing these facts, Judge Laughlin, at
Reillys trial upon an Indictment for muir
der, without calling for any evidence from
the defence, directed the jury to render
verdict of acquittal He said that there
was nc evidence uron which conviction
of murder could be founded. The prisoner
having been threatened by the man whom
lowed by an overt demonstration, he was
not bound to wait until his life was in i'm
minent danger, but had the right to fore
stall his adversary in the use of the
pistol.
In giving his opinion, Judge Laughlin
used these words:
THE law says that when a man makes
a threat to take anothers life and does
nothing to carry it into execution, that is
an idle threat; but when man makes
threat to take another's life and gives posi-
tive proof of his intention to execute it,
then it is not an idle threat, and the man
need not wait, but for his own protection
can find and slay the man who threatens
his lie. It is because men do not under
stand their rights that there are SO many
murders, and in nine cases out of ten the
innocent party is killed. The law permits
him whose life is threatened, if he believes
it necessary, to assume the aggressive; and
under such circumstances he may seek out
his wOuld-be assassin with just such weap-
on as he pleases, and force the issue.
Otherwise the unoffending person would
be forced to concede to his deadly foe the
right to select his own time and his own
opportunity to accomplish his deadly pur-
pose.
Afterwards, in conversation with re-
porter who asked him If the law did not
afford protection to G man who fears a
deadly assault, by placing the would
assassin under bonds, the Judge said:
Not at all adequate, and / might Illus
trate by citing you to q conspicuous instance
of its inadequaey, There is a man now
confined in the St. Louis Jail, who, while
under bond required of him by me to keep
the peace, is charged to have committed a
homicide, for which he is now under in
dictment, the most revolving of any occur
ring during tho past summer. Authority
to bind in peace bonds does not give the
right to imprison a man indefinitely, and
the law recognizes, in my Judgment, the
fact that bonds are inadequate TO stay the
hand of the assassin
And in this the judge is undoubtedly
right. The passion may be cooled by
little confinement and chance for reflection
but settled determination to kill would
only be postp oned.