, 1885-06-12
LAW OF sHLF-osFENss.
When and How n Man Can Stay Another
and Have the Law on His Side.

When and How n Man Can Stay Another
and Have the Law ON His Side.
louisville Commercial
Now that the Wepler case is at an
end, " said a well-known ludge to a re-
porter or Tho Commercial the other
DAY, it would be interesting to show
what constitutes the right of self-de-
tense as laid down in the law-Looks.
The right of sclf-defense is founded ON
the law OF nature, and is not super
seeded by tho laws OF society. IL Is a
right which every one brings into so
ciety, and retains in soci- ty, except so
far hs the laws of society have
curtailed. Every man has n right
to defend himself against an at
tack threatening him with death
or serious bodily harm, and
innocence will be presumed until his
doubt. The right is BASED OF necessity,
and arises where Il manifestly intends
and %cndeavors, by violence or surpr Sc,
to commit n known felony on the per
son, habitation or property OF another.
1t is q defense against the present un.
lawful attacks; as where an assault is
maze with Il deadly weapon, or where
one is assaulted in his h%abitation, or
where q 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 nj IA of
the protection OF the law or of his rights
of 4 -defense.
ANGEL OF DEATH
The right of self-defense is not
limited TO the actual danger threatened.
The danger of death or great bodily
harm must either he real, or be hon
estly believed at the time TO be imminent
and on sufficient grounds. A reason
able al prehension of danger is sufficient
and a reasonable ground for belief that
there is n design to destroy life to rob or
commit n felony; n reasonable and well.
grounded belief; u 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 q mixed ques.
ton of law and fact. A man is justified
in acting for his defense according to
the circumstance as they appearto him.
DOCTRINE OF RETREAT.
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 a 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
liged TO retreat or go to the wall from an
assailant armed with q 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
s~ailant, it 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.
VIE KILLING Is ~JUsTIFIAPLE.
"a mar 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 justiiable,
so where retreat is impossible or peril
GUS, or would increase the danger, or
where further retreat is prevented by
some impeachment, or was as far as the
fiereeness OF the assault permitted. But
If the assaulted party is in fault, he is
boun to retreat as far as he can safely
do so; he 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 is adversary, he 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.
NECESSITY Oh sELF-DEFENsE.
IAN act done from necessity raises no
presumption of a 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 imminent
pefI to life or limb. Men, when threat
ened with danger. must determine the
necessity of resortingt to self-defense, and
they will not be held responsible for a
mistake in the extent of the actual
danger, nor be subject to the peril of
making 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 OF some impending harm. Neces-
sity is q defense when the act charged
was done to avoid %irreparable evil, from
which there was no other adequate means
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 it, nor be occasioned by him, moi
be the result of his own ~culpability, no
be rashly rushed into, and, in cases of
assault or intrusion by strangers, no
more force than is necessary must be
used in repelling the assault.
DEGREE OF FORCE.
The right of self-defense does not in
clude the right of retribution. A party
assaulted is justified in using such force
as is necessary to repel an assailant, but
no moro. and if 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 pro- erty may use force suf-
icient to protect It. Whether a man
is l%ustihed in employing in the
first instance such means of
resistance as will produce death depends
on the circumstances and the nature of
tho attack, and he may not always use a
deadly weapon, and it is still further
wrong If it is a concealed weapon. But
If the taking Of life is necessary it will
be excusable. 1t is always e~xcusable
when in defense of life, yet il requires a
great disparity Of size and strength and
a very violent attack TO excuse tho tax
ing oil life. A party may use whatever
force is necessary to avert the apparent
danger, although it may afterward APP
pear that the gun was not loaded, and