Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1883-03-01

the ride the Dutchman gave neon piano."
And Jim and the boys walked around the
corner and took something.-Ne1c Orleans
Times Democrat.
THE BURGLAR QUESTION.
ENGLISH LAW OF SELF DEFENSE.
The annually recurring question, "What
is to be done with our burglars?" presses it.
self on the attention Of timid househOlders.
1t is alleged in some quarters that the eX-
listing law affords insufficient protection to
vigorous acts of self-defense, and much dis
satisfaction is expressed with its assumed
defects, while in others the notion seems to
prevail that it is no crime to take summary
vengeance with the pistol or the poker
against any nocturnal trespasser. 1t may,
therefore, not be be unreasonable to point
out what are the limits Of the immunity
which the law in England gives to measur-
es of self defense when person or property
is suddenly or violently attacked. There
are two principles which seem to underlie
most of the rules which are laid down in
the textbooks and judicial decisions on this
subject. The first is that a man isjustitied
in repelling force by force. The sages OF the
Common Law appear to have always treat
ed the Gospel Injunction to turn the other
cheek to the smiter as a counsel of perfec-
ton. Thus it has long been good plea
to All action of assault that the plaintiff
first assaulted the defendant, who "there-
upon necessarily committed the assault COM
planned of, in his own Defense" But here,
as elsewhere, the law requires that there
should be some proportion between provo
cation and retaliatiGn and, if the return
blow were excessive in violence or malic-
iOusly repeated, the party giving it would
be liable both civilly and in damages to the
original assailant, and criminally to the
public for breach of the peace. The rules
which define eXcusable homicide rest upon
the same principle. Except in some spe-
cial cases of felony, a man may not kill his
assailant, unless he was himself at the mo-
ment in imminent danger Of being killed.
Even then, the act. will amount to man.
slaughter, unless he can further show that
before delivering the mortal blow he ''re-
treated as far as he conveniently or safely
could to avoid the violence Ofthe assault"
and did so, to adopt the quaint language of
an old authority, mot ticticiously, or in Or
der to watch his opportunity, but from a
real tenderness of shedding his brothers.
blood" The second principle which is
commonly embodied in the old legal max
i'm that "man's house is his CASTLE" JUS
tifes man, although violence has been off
cred to his person, in taking the aggressive,
when tresspass has been committed on
his house or lands. All necessary and rea-
sOnable force may be used to eject the intru-
der, although here again, the law, in her
anxiety to discourage breaches of the peace,
requires that, before stronger measuses are
resOrted to, the wrOngdOer shall be request
ed to leave; and it is only upon his refusal,
expressed, or to be inferred from his con-
duct, so to do, that the right to expel him
by violence arises. If the tresSpasser seek
to defend his wrongful possession by force,
the rightful owner may retaliate upon him,
and to avoid death may even kill him, with
out being obliged, as in other eases, first
to retreat; for, as Hale says, she has the
protection of his house to excuse him from
flying, as that would be to give up the pro
lection of his house to his adversary" But
the Occupier of house is not justified in
killing an ordinary trespasser, whether he
enter by night or by day.
| Such being the general theory of the law,
| it might seem as though there were ground
for the complaint that it leaves the respec-
table householder comparatively pOwerless
| in the presence of a burglar of average skill
and resolution. The burglar will, for OBJ
vious reasons, not as rule, attack unless he
is first attacked, and to shoot him in cold
ble2u would clearly not be an act OF eXcu-
sable homicide within the ordinary mean
ing of the term. On the other hand, it
would be mere farce to commence proceed
ings by politely requesting him to leave the
house, and to follow up his refusal by 'sgent-
ly laying hands'' upon him, and conducting
him to the front door. Accordingly, the
law, recognizing the peculiar atrOcity OF the
crime of nocturnal alhousebreaking,a and sane.
tioning the universal instinct which has led
all civilized codes to regard it as justitying
extreme measures of self defense, has always
treated this as somewhat exceptional case.
As long ago as the reign of Henry VIII
an act Of parliament was passed by which it
was provided that, eff any person attempts
| to break open house in the night time"
and is killed in the attempt by one of the
inmates, "the slayer shall be acquitted" ."
This statute has since been repealed, but the
better opinion appears to be that it simply
embOdies the common law, and that in sub
stance the rule which it lays down is still in
force. 1t must be remembered, however,
that the protection is only given in cases
where it is clear that a burglary is actually
being committed or attempted, and when
the criminal is slain while engaged in the
act. The law in no way countcnances the
notion that any chance nocturnal treSpassel
may be safely shot at, on the suspicion
however we'll founded, that he is present
with feloinous purpose. But provided il
were perfectly plain that burglary was
perpetrated, the courts would doubtless still
hold that the slaughter of the burglar was
an act Justified by the circumstances. Upon
the whole the law in the matter seems, as
the English criminal law usually does, tC
embOdy the common sense view of the case
and to steer judicious middle course be-
tween two equally perilOuS extremes. TC
restrict the householder who finds himself
suddenly at the dead Of night in the pres
ence of a burglar in the same measures OF
self-defense which he could employ against
mere trespasser, would be to treat an
exceptionally atrOciOus crime with strange
| ly misplaced tenderness. TO permit him,
on the other hand to take away with lmpu-
nity the life of any unlimited intruder whom
he found on his premises, after eight in the
evening, on the mere suspicion that his
victim was contemplating or engaged in
felony, would lead to a constant recurrence
of tragic mistakes, and would expose such
useful servants of the public as policemen
and tiremen to intOlerable dangers.
THE DARKEY AND THESAFETY-NALVE.
Among the pictures thrown upon the screen
at Professor F. r. HuttOn's lecture on the
"Growth of the Locomotive Engine" was
that of the locomotive "Best Friend" which
was used on the Charleston and Hamburg
Railroad in 1880. The position of the negro
fireman was we'll up in front, and the noise
of steam escaping from the safety-valve an
noyed him. He invented a method ofdOing
away with the annoyance. 1t consisted of
pulling the valve rope taut and sitting on 1t.