The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1885-06-13
SElF-DEFEnSE.
When and How q Man Can Stay Another
and Have the Law on His side,

1
| and Have the Law on His side.
'tNow that the Wepler case is at an
end, said d @ell-knowu Judge to re-
porter one day recently sit would be
interesting to show what constitutes the
right of self-defense as aid down in tho
law books. The right of self-defense
is founded on the law of nature, and
is not superseded by the laws of society
1t is right which every one brings into
| society, and retains n society, except
| so far as the laws of son.ety have cur
tailed it. Every min has a right To
| defend himself against an attack threat
ening him with death or serious bodily
| harm, and his innocence will be pre-
| sumed until his guilt is established be-
| yond reasonable doubt. The right is
based on necessity, and arises where one
manlfestly intends and endeavors, by
| violence or surprise, to commit a known
felony on the person. habitation or
property OF another. 1t is a defense
against present unlawful attack; as
| where an assault is made With = deadly
weapon, or where one is assaulted In
his habltation, or where forcible fell
ony is attempted. The law of self-de-
tense does not require one, whose life
has been threatened, to seek the pro-
lection of the law; nor is he obliged
first to call on the authorities. The
omission to seek protection from the
authorities does not deprive him of the
protection OF the law, or of his rights of
self-defense.
The right of self-defense is not linn
tied to the actual danger threatened.
The danger of death or great bodily
harm must be either real, or be honestly
believed at the time to be imminent and
on sufficient grounds. A reasonable
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 de-
pend on the circumstances as they
appeared to him. Apparent danger is
a mixed question of law and fact *
man is Justified in acting for mis- defense
according to the circumstances as they
appear to him.
1.-The law of self-defense does not re-
quire one whose life has been threatened
to leave his house or to secrete himself
to avoid his foe. When person with
out fault-in place where he has
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 obliged
to retreat or go to the wall from an as
ta MT
and if he is driven to the wall 50 that
ne must be killed or sustain great bodily
harm, and, therefore, kills his assailant
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 attack is
not felonious the rule of law is different.
"A man is not required to do every
thing in his power to avoid the necessi-
ty of staying his assailaat Where there
Is no escape, after retreating as far as
possible, killing will be justifiable, so
where retreat is impossible or perilous,
or would increase the danger, or where
further retreat Is prevented by some i'm
pediment, or was as far as the fierceness
of the assault permitted. But if the as
saulted party is in fault, he is bound to
retreat as far as'he can safely do so; he
is required to decline the combat in good
faith and if he uses all the means in his
power to escape, even killing in self-de
tense is lawful. But if a man seeks to
bring on a difficulty and Stays his adj
versary he can not avail himself of the
plea of self-defense. That party has
been struck gives him no right to retail
late by an assault.
IAN act done from necessity raises no
presumption 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 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 mistake in the exaNnt os tlse-s tri...ll
danger, nor be subject to tne peril OF
making that guilty, if appearances
prove false. which would be innocent if
they proved true. There must be a:
least an apparent necessity, an actual
necessity, OF a reasonable belief of such
necessity. 10 ward off some impending
harm. Necessity is defense when the
act charged was done to avoid irrepar-
able evil, from which there was
no other adequate means of escape, and
the remedy was not disproportionate to
the threatened evil; and the necessity
mYst not have been created by the fault
81 him who pleads it, 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 neces-
sary must be used in repel1ing the
assault.
The right of self-defense does not
include the right of retribWion. A
party assaulted is justified in using such
force as is necessary to repel an assail-
ant, but no more, and if unnecessary
force is used he becomes the assailant.
The degree of force must not exceed
the bounds of defense and prevention,
and this depends on the circumstance;
of each case, and the condition of both
parties may be considered. A party in
possession of property may use force |
sufficient to protect it Whether mar
is justified in employing in the first |
instance such means of resistance as
win produce death depends on She
circumstances and the nature of the |
attack and he may not always use
deadly weapon, and it is still further
wrong if it is concealed weapon. But |
if the taking of life is necessary it will |
be excusable. 1t is always excusable |
when in defense of life, yet it requires
a great disparity of size and strength
and very violent attack to excuse the
taking of life. A party may use what
ever force is necessary to avert the
danger, although it may after
ward appear that the gun was moi
loaded, and that there was no real
danger. - louisville Commercial
A Texas Chesterfield.