Daily Yellowstone journal., 1885-07-09
LAW OF seLF-pefENSs.
When and How q Man Gan slay Another
and Have the Law ON His Side.


porter of The commercial tho other
day, il would be interesting to show
what constitutes the right Of self-de-
tense as laid down in the law-Looks
The right of self-defense is founded ON
the law OF nature, and is not super.
seeded by the laws Of society. Ii Is a
right which every one brings into So
eiety, and retains in society, except 50
far as the laws of society have
curtailed. Every man has q right
to defend himself against an at
tack threatening him with death
or serious bodily harm, and
innocence will be presumed until his
guilt is established beyond a reasonable
doubt. The right is based on necessity,
and arises where one manifestly intends
and endeayors, by violence or surpr SO,
TO commit known felony on the per.
son, habitation or property OF another.
1t is a defense against the present I'M
lawful attacks; as where an assault is
made W til a deadly weapon, or where
one is assaulted in his ha6itation, or
where forcible felony is attempted.
The law of self.defense does not require
one whose life has been threatened TO
seek the protection of the law; nor is he
Obliged first to call on the authorities
The omission to seek protection from
the authorities does not deprive hi II of
the protection of the law or Of his rights
Of self-defense.
DANGER OF DEATH.
The right Of self-defense is not
limited 10 the actual danger threatened.
The danger of death or great bodily
harm must either be real, or be hon
estly believed at the time TO be imminent
and on sufficient grounds \ reason
able apprehension of danger is sufficient
and a reasonable ground for belief that
there is design to destroy life to rob or
commit felony; a reasonable and well.
grounded belief; a belief arising from
appearances that the danger Is actual
and imminent, Guilt must depend on
the circumstances as they appeared to
him. Apparent danger is mixed ques-
ton OF law and fact. \ man is justified
in acting for his defense according to
the circumstances as they appear TO him.
DOCTRINE OF RETREAT.
1.-The doctrine of self-defense does not
require one whose life has been threat
ened TO leave his house or to secrete
himself to avoid his foe. When a per-
son without fault-in place where he
has a right TO be-is violently assailed,
he may, without retreating, repel force
by force, in the reasonable exercise Of
his right of self-defense. He is not OBJ
iged to retreat or go to the wall from an
assailant armed with deadly weapon,
and if he is driven to the wall so that
he must be killed or sustain great bod
lily harm, and, therefore, kills his as
sailant, il is excusable homicide. He is
not obliged TO retreat, but may pursue
until he is out Of danger, and may Kill
to get out of danger; but when the at
tack is not felonious the rule of law is
different.
WHEN KILLING Is JUsTIFIABLE.
"A man is not required to do every
thing in his power TO avoid the neces-
sity of Staying his assailant Where
there is no escape, after retreating as
far as possible, killing will be UNSUITABLE,
SO where retreat is impossible or peril
Gus, or would increase the danger, or
where further retreat is prevented by
some impediment, or was as far as the
tierceness of the assault permitted. But
if the assaulted party is in fault, he is
Loun to retreat as far as he eau safely
do so: be is required to decline the com
bat in good faith, and if he use all the
means in his power TO escape, even kill
ing in self-defense is lawful. But If a
man seeks to bring on a difficulty and
Stays his adversary, be can not avail
himself of the plea OF self-defense. That
a party has teen struck, gives him no
right TO retaliate by an assault,
NICE .TY OF S=LF-DEFENSF.
'An act done from necessity raises no
of criminal intent but
the necessity must be actual, imminent
and apparent, with no other probable or
possible means of escape Il mist he
great, aud must arise from imminent
peril TO life or limb. Men, when threat
ened with danger, must determine the
necessity of resorting TO self-defense, and
they will not be held responsible for a
in the extent of the actual
danger, nor be subject TO the peril of
that guilty, If appearances prove
false, which would be innocent if they
proved true. There must be at least an APP
parent necessity, an actual necessity, or
a reasonable belief OF such necessity, TO
ward some impending harm. Neces-
sity is defense when the act charged
was done to avoid irreparable evil, from
nh d br,.. haY. Il
Of escape, and the remedy was not dis
proportionate TO the threatened evil;
and the necessity must not have
been created by the fault of him who
pleads II, nor be occasioned by him, nor
be the result Of his own culpability, nor
be rashly rushed into, and, in cases Of
assault or intrusion by Strangers, no
more force than is necessary must I've
used in repelling the assault.
Pirlr DRGREE OF FORCE.
'The right Of self.defense does not in
clude the right Of retribution. A party
assaulted is justified in using such force
40 is necessary to repel an asssilant but
no more and il unnecessary force is
used he becomes the assailant. The de-
gree OF force must not exceed the bounds
Of defense and prevention, and this de-
Ponds on the circumstances of each case,
and the condition of both parties may
be considered. A party in possession
OF property may use force suf-
ticient 10 protect IL. Whether a man
is dstibed in employing in the
first instance such means of
resistance as will produce death depends
on the circumstances and the nature OF
the attack, and he may not always use a
deadly weapon, and II is still further
wrong II il Is a concealed weapon. But