National Republican., 1882-11-06
Judge Wylic's Charge.


The law does not permit man to kill
or shoot at another in retaliation for a
blow. But if to the blow there is added
a plain indication of an intention to in
fiict mortal or even a serious injury,
then the assailed person may lawfully
take the assailants life in his own de-
fense. The indications on which a per-
son so attacked may base fear that
would Justify the extreme resort to
deadly weapon are to be determined by
the jury in each case. If the assailant
makes a motion to draw a pistol, may
he not be anticipated on the presump-
ton of murderous intent? Is he to be
allowed the advantage of having his
pistol drawn and ready for use before his
intended victim can lawfully begin to
draw and defend himselfP Judge Wylie
in his charge to the jury in the Soteldo
case on Friday last said:
II was fortunate for Barton that his pistol did
not 20 of, because the blow from which there was
no injury inflicted, and which threatened no
injury of a serious kind is no Justification for
man to whip out his pistol from his MP pocket or
from his drawer and attempt TO take theSliie of
his assaiant. There is no proportion between
the proyocation and the retaliation. Well, then,
these facts brings 10 this fact that the brother
who was standing at little distance looking on
at the quarrel or fight that was going on between
the deceased and Barton saw his brothers life
about to betaken, the pistol in the hand OF Bar
ton. ] believe there is no evidence TO show that
me deceased dreig his p tst0l
The District Attorney here interposed
the following statements
a., t,.. m,
the only thing about it is, Mr.. Barton SAID that
the deceased reached back; there is no proof that
he drew his pistol al all.
The Judge may not have SO understood
Barton's testimony; he may not have
understood the District Attorneys re-
mark. He went GA as though he either
did not hear it, or, hearing it, thought it
entitled to no weight. Continuing as
though he had not been interrupted, he
said:
The evidence is that Barton was about TO take
the life Of the deceased NEUTRALITY-SUSPICIOUS. when
the brother, Standing at Il little distance COM
menoed 10 fire.
If the deceased reached back" as if
in the act TO draw his pistol, before Bar
ton drew, then, although the btolo
threatened no injury of serious kind" /"
yet it would appear that the demonstra-
ton which followed it did so threaten.
We do not discuss the facts, We only
wish to express a regret that the Judge
had not dealt with the question thus
raised.
We have nothing to do with Judge
Wylie's lecture on newspapers. " II
touches not us. Let the CALLED jade
vince, our withers are unwrung." We
accept the disclaimer by the Judge oi
any intention to include The REPUB-
LtoAN in his disparaging remarks con-
cerning a certain class Of papers, and
hope always to deserve such exemption.
We cannot discuss the two news items
which the Judge SO censures without
giving pain where there has been no
blame. Therefore we shall say nothing.
The pending indictment against sotedo
for deadly assault does not seem likely
to be profecuted, The unfortunate man
has suffered greatly, and none will regret
20 see him allowed " depart in peace.