The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-01-30

truded, the first indication the person
would notice would be the blood run.
ming il cut in'ahdomen and In transverse
colen, it would depend upon the excite.
N ent and the nb bention OF tire person to
something else, whether he would notice
his injury Immediately
The testimony in the case was closed
at this point and the Coart ordered the
witnesses discharged.
Adjourned to o'clock Wednesday
morning.
ARGUMENTS OF COUNSEL.
Prosecuting Attorney DRIGGs COM
menced his address TO the jury at 8
o'clock Wednesday morning and con-
tinued to the adj urnment at noon.
W. F. HUNTER, Esq, opened for the
defense at l o'clock P. NJ. and closed
at lis P. NJ. A. J. PEARSON, Esq.
followed for the defense and closed at S
O'Clock, when the court took recess to
6 O'clock.
E G. CRAcRaFr, Esq for the State
commenced his address al 6:l5 and
closed at ii O'Clock.
The arguments Of counsel were able
throughout.
! Adjourned to 81 O'clock Thursday
morning.
} TRUasDAY MORNING, 81 O'CLOCK
Judge KELLY charged the jury, after
which they retired. at 9 o'clock, to de-
liberate.
THE CHARGE.
GENTLEMEN The Indictment in this
case charges defendant, Samuel Znnker
Tlth the commission OF the crime Of
murder in the second degree.
It is alleged in the indictment. in sub
stance, that defendant, on the % ] day OF
April, 1882, in Monroe County, unlaw-
fully, mslicously aud with the inteation
OF killing him, cut or stabbed Jacob
Zessiger, so that in few days thereafteE
(April 26) Zassiger died of the wounds
so given him.
There are two counts, as Trey are call
ed, in the indictment, but both relate to
; the same occurrence, the difference is,
that in one of them the wound il alleged
to have been given by striking and cut
ting, aud in the other bv stabbing.
There is no difference in these counts
that is now material.
The indictment, though in form ar
accusation Of murder in the second de
4 gree, includes also a charge OF man
slaughter, and. il defendant is proved
guilty of either OF these crimes, be may
he convicted under this indictment,of tht
= one OF which the proof shows him to b'
. guilty.
The first questions are as to the dealt
. and the cause OF the death OF Jacot
Zessiger
Testimony has been introduced tend
- ing to show that, at the time and plac
named in the Indictment, Jacob Zessige
:, was cut or stabbed With knife; that tn
wound was inflicted by defendant, ant
- that the wound thus given caused th
- death Of Jacob Zessiger, ,and that be die,
April 26.
=, It is for you to decide whether al
- these facts are duly proved.
- If the defendant inflicted the woun
!. and thereby caused the death, the ques
:, tion then iswhether his acl was unlaw
~ fuI, or whether, on the other hand,it wa
jnstifable or excusable.
At Il ia said tha; in the early history O
le the law there was a difference, in th
ID consequences to the accused person, be
co tween whst are called j1sti6able and ez
ii cusahle homlcides. There ia now no dill
le ference in the conscquences,for, in ethe
st case that Is when the homicide is ethe
justiiabls or excusable-the defendar
,r is entitled to an acquttal.
m 1t is claim, d In this case on behalf
n defendant that the homicide was Com
mitted in self-defeuse, and that it is there
r fore justi6ahle or excusable, AMI is nc
s. criminal. Human life is held in tn
as highest regard and he who takes it mus
m act in good laiih and upon some nece:
m sity, real or apparent, such as the la
ed recognizes as sufficient.
ne No mere words OF abuse or fears (
OF danger, will justify an assault and bstt'
ry, mnch less will they justify the use I
be a deadly weapon upon the offender.
NJ One OF the general rules as to u
right Of sel'-defense, is that man ma
er res st force by force, and meet blow wi
blow, in defense OF his person again
ge unlawful violence The law does NJ
I'd, nicely measure the force or the meal
wi used In resistance, but they ought not
lr- he far beyond the reasonable requir
ments OF the occasion; il they are. so I
m beyond or out OF proportion to the q
81 parent danger or necessity OF the ca
It, as to show wantonness, a malicious pu
a pose to iDjnre. or revenga,the person
acting could not be sexcused on t
o! grouLd OF self-deiense.
Ill la cases OF matno! quarrel or casu
ore affray or simple assault and battery whe
ith there is no reason to believe there Is
by design 10 ilfct great bodily injury .ea
party has the right to dsfend himself, g
hat when, in the progress OF the contest,
,ns becomes necessary Tor ono OF them,
10 order to save his own life or to SO
to himself from great bndily injury, 10
dangerous weapon, be may do so, a
OF may be excused for even taking The |
ect of bis adversary. But in such case it
nv his duty, before striking mortal bio
bal to retreat to the wall, as it is called, if
,er. can safely, or SO tar as he can ressor
bly, without exposing himself To grea
md danger.
he The duty to retrest, if be can safe
all or the right to stand, depends upon
ce. design OF the assailant and the natl
led and extent of the danger,as we'll as up
yer the opportunity there may be forre're
There are cases where person is r
or Obliged to retreat, although he may ha
at the opportunity to do 80 without exp'
ept ing himself to greater danger.
ey. A person in imminent danger m
and take the life Of another who NANTES
De- intends or designs or endeavore, by fol
to or surprise, to commit felony, such
ore to murder or do great bodily harm. I
MY person in such danger need not retr'
the but may, il necessary tor his safety, is
n, the life OF his sssailant, or msy ey
4