Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-05-27
SEE.F-DEFENsE.
When and How n Nan Can SIay Another
Legally.

auu no" n Van an stay Announcer
Legally
Now that the Wepler case is at an end, said
sLouisviIle judge to reporter for the C6o'D'e'-
c'ot, ''it would be interesting To- show what con-
stitutes the right OF seIi-defense as laid down In
the law books. The right of selfdefense is
founded on the law Of nature, and is not super
seeded by the laws OF society. 1t is a right which
every one brings into society. and retains in so
ciety. except So FAR as the laws of society have
curtailed il. Every man has a right 10 defend
himself against attack threatening him
with deaf or serious bodily HARM and his in
nocence will be presumed until his guilt is es-
tabli>hed beyond a reasonable doubt. The right
IS based on necessity and arises where one man
fieStly intends 2Ea cndeavorS, 10y violence or
surprise 70 SplrEilt a known felony on the per-
SOB, habit:ttlcn eli property OF another. II Is
defense against "a present unlawful attack: az
where an assault = made with II deadly weapon.
or where one i assaulted III his hahitaton, or
where fprcible felony j. attempted. The law
OF sei;-dcfcnse does not require one whose life
mas been threatened tn seek tho protection OF
the law: nor i he obliged 10 first call ON the
authorities The omission to seek protection
from the authorities does not deprive him OF
the protection Of the law. or o. his rights of
sef-dcense.
THE DANGER OF DEATH.
THE right of Srll-defCnse is not limited To the
actual danger threatened. The danger of death
or great bodily harm must either he zeal or he
honestly believed ut The time TO he imminent
and on sufficient grounds. \ reasonable appre-
hension of danger is sufficient: and . reasonable
ground for belief that there IS design To destroy
lie, 10 rob or commit u felony: reasonable ana
well-groundcd belief; u belief ar4SI1" from al-
pearanceS that the danger i 81; ..al and immi-
nent. Guilt must depend on ihe circumstances
as they appear to him. Apparent danger is a
mixed Question Of law and l.tct. \ man is JUS
titled in acting for his defense according to the
circumstances ~ they appear 20 him.
THE DOCTRINE or RETREAT
"The law -: scll-deicnec does not require one
whose lie has Iaan Threatened Il, leave his
house or to s"crete himself to avoid his foe.
When person without ;ault-in place where
h. has ri.ht to bc-i+ violently assaulted he
may, wijn"ut retreatiUg. repcl rnrcr By force, in
the reasonable exercise OF his right OF sclfde-
Tense. lie l. not Obliged to retreat @o to the
wall from an a>>ailJut armed with "a deadly
weapon, and if he j. driven To the wall So that
he must be killed or sustain great bodily harm
and therefore kills his aS>:t.aut it is excusab!e
homicide. . i not Obliged 10 retreat but may
pursue until ne i out oi danger. aud may kill
To get out Oi danger; but when the attack is
not IeionlOUS the rule of law is different.
WHEN KILLING Is JUSrIFIABLE.
~ man l. not required to do everything in
his power to avoid tine necessity of Staying his
assailant. Where there j. no escape. after re-
treating as far "a possible, killing will be justf-
able; so where retreas i i'm possible or periIOu>,
or would increase the danger, where further
retreat is prevented by some impediment or
was as far the fierccneSs of the assault per-
mitted. But III the assaulted party is in fault he
Is required to decline the combat in good faith,
and If lie use all the means in his power to es-
cape, even killing in selftefcnsc is lawful. But
II "A man seeks to bring on a difficulty and Stays
his adversary. he can not avail himself of the
plea of sel1-deIense. That II party has been
struck, gives him no right to ret;tliate by an
ASSAULT.
THE NECESSITY OF SELF-DEFENSE
IAN act done from necessity raises no pre-
sumption of criminal intent; but the necessity
must be actual imminent and apparent with
no other probable or possible means of escape.
1t must be great. and must arise from immi-
nent peril to life or limb. Men, when threat
ened with danger, must determine the neceS
slty of re>Orting to self-iefenSe. and they will
not be held responsible for Il mistake In The
extent of the actual danger nor be subject To
the peril OF making that guilty. if appearances
prove false, which would De innocent if they
proved true. There must be at least AN apparent
necessity, an actual necessity. or reasonable
belief of such necessity. to ward off some inn
pending harm. Necessity is defense when the
act charged was done TO avoid irreparable evil.
nom which there was no other adequate means
OF escape and the remedy was not disprOpor-
tlonate to the threatened evil: and the neces-
slty must not have been created toy the fault of
him who pleads il. nor he occ;isiOned by him.
nor be the result of his own culpabi,ity nor be
rashly rushed into: and in eases of assault or
intrusion by strangers no more force than is
necessary must be used in repelling the assault
THE DEGREE OF FORCE To BE USED.
1.-The right OF self-defense does not include the
right of retribution. \ party assaulted il iusti-
Aeu III uSlnS force Il necessary To repei
IN assailant, but no more. and if unnecessary
force is used he becomes the assaiIant The de-
gree of force must not exceed the bounds of de-
tense and prevention, and this depends on the
circumstances of each case and the condition
of both parties may he considered \ party i'm
possession of property may Use force sufficient
10 protect 1t. Whether man is justified in
employing III the first instance such means of
resistance as Will produce death depends on
the circumstances and the nature of the attack
anu ne may not always use Il deadly weapon
and IL Is still further wrong if il is IL concealed
weapon. But ii the taking OF life is necessary
1t will be excusable. Ii is always excusabie
when in defense OF life, yet il requires a great
disparity of size and strength and a very violent
attack To excuse the taking of life. \ party
may use whatever force il necessary to avert
the apparent danger. although il may alter
ward appear that the gun was not loaded and
that there was no real danger
Pack the