Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1886-03-09


force employed Vas excessive"
l DO net give you that as lav.
"wAsre q reasonable doubt arises
whether death resulted on the one hand
from natural or accidental causes. or on
the other Asnd nom The wicked act OF The
prisoner, Il would be unsafe 20 convict
uotwithstsndlng stroug. bal merely cir
eumsisnti.l evidence against him"
give you that.
s. ia order 10 eonvict the prisoner
upoa The evidence OF Circumstances, IL IL
necessary that the circumstances All N.
cur 10 show that he committed the crime
I give YOU that.
s IL there IL q reasonable doubt In
tie ulsds OF The larry. taxing AL the cir
cumstanccs into account. whether dehlh
sn.asd from q krlfs thrust ~iilfally mste
by The prisoner, or caused BY the knife
hell passlvely In his hands, AMI made 10
eater the body OF the deceased BY his y
unlawful and vlolea, acts. then the prls-
orsr should BE- acquitted
give you that instruction.
: "Mssth e~ulP,bll,y OF The pflsoo'r
must Be shosn--
give you that.
"If he accused gave the fatal wound,
bat taeu vas In such q state or sunocsuon
and sir~sngulsiion. brooght about ~ the
sin'eoee o. The deceased, e. deprived The
prisoner OF al guilty knOwiedge that ne
va. doinr wrong. then he must De so-
qulitet.
I give you that.
No- 4 /. claimed on the part OF n.
learned counsel e., the prisoner that II
Harulle A Wsniwoith vas Killed from
the eject Of the ,hrss, OF stab given by
the prisoner. With the knife. as testified
e.. then iha, the sisbbing vas done and
intended BY him in sslf-dsfsnes. cay
that !. that l. claimed on the par, Of the
counsel Coz the prsonsr. Nov uPon the
rules Of lav that I may give you upon
thi. bnnch Of the defence. Il Is imPor-
tan, that you should carefully consider
the evidence ,snding 10 show What took
place bei-een these parties just
puor 70, sad a. tie time u, the fatal
blow. Its. rule Of ls- tha, = man
may rspel force by force in the defence OF
hi. person .gsinsi one o. many Who man
if..ily in,ead and s~ndeavOr. BY violence
OF surprise TO COMM; q kao~n fsl0ny
upon hi. person. or to DO him great bod
ly harm. Ia other words. il may Be
,aid. asd insirue, you asa rule ofl.v'
~sll.,stled. TIA, II a man i' attacked be
hUs the right 70 defend himself. II The
attack J. Of such = character. and made
under such circumstances, a. 10 create an
apprehension q great bodily harm. and
be act. under such apprehension, and IN
The reasonable belief ,hA, no other means
-il sfec,aally prrysn, the harm. be has
the right 70 ALL the AsssilAni. Ia such
a case the question whether there w.'
reasonable cause 10 spPrshsnd sres, bod.
ily harm. And whether the defendant
acted under such s~pPrsnsrsion, are ma
,sn.l isuss And u should te under
stood TIA, 10 make the killing Of q hu.
man being sieasAble OF the s'ound OF
.slf-dsfenos. the danger mus, Be sPP,f-
sn,ly actual. and urgsni. No e~onungeat
necessity should Be- allowed % avail; add
~hsr, he pretended necessity consists IN
the ye, u~nstccuied m~aehiaaiions Of Az
other. The deiendAn, Is 20, allowed 10
Justify himself by reason Of their exist
enoe.
Il has been bald by oGr own court IN
ihi. State. that TO justify killing The AZ
srsssor. The apparel, Iaien' must be TO
commit q fsloay. OF 70 infiei upon The
person assailed .one serious bodily harm.
Ih., apparvn, inien, is 10 Be collected
from The attending Circumstances. the
mannsr Of The assault. the nsiar. Of The
wespoa used BY the attacking party. and
,hs Like: AL 1, must appear that The
dagger vas imminent and the species
Of resistance used. Necessary TO avert u.
b, Il !. no, every assault upon q
man, per.oa that ~ill justify OF excuse
the psrsoa a,sailed in taking human life.
the lie q The one making the assault
Il Is Only ~hsn The assault Is Of such =
nature. aad made under such sircam',an-
&c. a. 70 create = reasonable ~aPPrshen-
.ioa Of srsl, bodily harm. AID be act.
undsr such reasonable Apprehension. and
IN the reasonable belief ihA, 10 other
mean, vill eaeet1ally prevent tie harm.
TIA, be Ia, the righ, TO kil the sssAil'
AZ.
The rish, q re.or,ing TO iorse uPoa
the principle Of self-dsispee dos 20,
coaiiaue 30 a. TO authorize violence by
Say q retaliation or revenge for = pass
ing Injury.
Nov. Who i. to jads, Of the res'on-
able ground 10 sPprshsnd a dssisa TO do
him some great personAl injury say
20 yoa. genilemsn. that the grounds
nus, be made 20 sppeAr On the trial. md
the jury mv., be satisfied that they we're
reasonable ground. uPOa -hieh TO found
an apprehension Of design 10 eommi.
The felony. or TO do some great personal
injury. /, i. true the party ssssiied
must. =, the time. judge Of the ground
for his apprehension ba, he judges and
decides At his peril. 20 far A. the qus.-
ton Of eriirc Justification is concerned.
I, vii no, DO 10 bold that be Who has
taken the life Of another Is entirely just
liable when be acts upon unreasonable
grounds Of apprehension. though he may
have acted upon the homes, Apprehension
Of the design. on the part Of the person
allied 20 commit q felony, or 10 DO him
grsa, bodily injury. In such a case the
crime nigh, Be only mAn.laugh,er. and
that too Of the lowest degree. But to
Justify the &C, Of killing in such a case
would be to establish q rule for the Sc
euri,y Of human lie resting upon the un-
certain apprehension Of msn Who may
&C, upon unreasonable and improbable
grounds.
These are the principles Of Law. gen.
,lsmen. 10 which | call your attention /;
and having done this | nigh, leave the
case With you we're Il not necessary 10
allude briefly 10 the evidence relating to
hi. b1neh Of the case. As to the evi-
denee | have no intimsiion or intention
10 guide or Interfere with It's jus, and
natural operation upon your minds; all
deem necessary or proper for me to do,
in ,hi. par, Of the case. Is to call your at
,sniioa to the general points OF facts
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