Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-04-26


any criminal charge, but moral certainty Is, and
this certainty is required as to every proposition
of proof requisite to constitute the onsnse ano 3
to every grade Of crime charged or included In ne
indictment.
SPECIAL CHARGE.
At the request of defendants counsel the
Court delivered the following special charge:
If you believe that the defendant, Adlai Proud
fit, AZ the time of the difficulty, followed his
brother, James Proudft without wrongful intent
or fault on his part TO the door of the deceaseds
house Tor the purpose OF preventing MS oro .nsr
from getting into fight vita the deceased, and on
coming out of his house the deceased attacked the
defendant with ak. under such circumstances
as to create in his mind the reasonable belief that
he in imminent danger of losing his life or re-
cevl1g great bodily harm, then he had the lawful
right TO stand his ground and TePel force with
would be eTcusaDle homicide.
If you should find that each of the defendants
at the time of the difficulty went to the house OF
the deceased for the purpose of getting inlo an
array with him, but, during the pTogress or the
it, and that afterwsrd, when the dificulty was
ended, the witness renewed it by making an at
tack upon the defendant, Adlat PToudht, with an
Ak, and said defendant shot and killed him under
the reasonable belief that it necessary IN order
to save his own life or nself from great bodily
harm, the killing would be justifable homicide;
for if party who has conmenced an attack, how
ever unlawful or even violent, dcsiGs and changes
no of IN rter nm from MIN
and lie then and there attacked by that adversary,
he may lawfully defend himself from threatened
man, and ne has all the rights of seltdetense be-
longing to him as man,
II you believe the deceased q short time before
the difficulty, and on the day of the difficulty,
Threatened the defendants, then you may look 10
suca threats, although not communicated to the
defendants, a. tending to show the dHiHlus of the
ceased as illustrating his conduct and motives,
and as showing which party began or provoked
the fight
Abe character OF the deceased, when known to
the defendants, is legitimate subject OF inquiry
IS connecting itself with the Transaction and
tending to explain it, for an act performed by q
quick, iDpulsive and dangerous m an might afford
much stronger evidence that the life of the party
nssailed was in imminent peril than If performed
by one known TO possess an entirely different
character ana disposition and might very reason
ably JUST ty resort to more prompt measures of
sefpreservation. In such case the act and status
of the actor must be taken together in order to az
rive at 8 just conclusion respecting its nature.
If you believe from the evidence that the de-
PENDANTS are of good character for peace and
| quietude, you may consider such good character
with the other facts and circumstances OF the case
as tending 10 ex plain their conduct aEd motives.
THE JURY HUNG.
The jury retired and the court took a re-
cess Of half an hour. At the end OF that
time the jury reported that they had net ar.
rived at a verdict, and court wa, adjourned
over 10 $50 O'Clock this morning. 1t wa'
reported last night that the fateful twelve
stood nine for acquittal and three for con-
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