Daily Republican., 1886-02-15
my. express malice. such as hatred,

1ence Of . previous quarrel bessyOen the
pnrtios, producing standing III feeling,
j condition OF hostility II there be proof
)f facts, or circuna stances, 10 show that
such Ill feeling, or hostility, was ga ele-
ment Of the contest, or was influential
In promoting the staying, the offence
would be murder. The question in
such case would seem TO be, would the
prisoner have killed his enemy If there
mad been no previous hostility between
hem? II the answer should be no,
then II was not heat OF blood produced
by the fight that caused the death, but
The old grudge. The fght was made
The occasion Of gratifying previous i'll.
will or hatred.
The law of defence 10 shown by .
example, or illu stration, thus:
II one be suddenly attacked by another
with deadly weapon, or other instru-
meDt likely TO cause death, or some
great bodily harm, or he is 10 situa-
Ted that he has no other means OF escap-
ing the fury OF his adversary than by
taking his life, he may take such life
In other words he may save his own
life, or limb, ct the expense Of the life
Of his assaliapt. This is the law Of
necessity the suprome right which all
men have OF self protection, and which
overrides all the law against taking life.
It has doubtless been seen that before
this paramount right can be lawfully
exercised, 1t must be made appear that
there we're no other means Of security.
II there were, then the slayer would be
guilty OF crime. II he can retreat from
his adversary he is bonnd TO do 1t, and
until retreat will no longer be availing.
A man Is not to be allowed to kill
another because that other 10 endeavor-
ing to kill him, unless his life cannot
be protected otherwise. He must en-
deavor In the best manner the circum
stances allow TO escape him before he
can kill him. When one has retreated
as far as he can, and effort TO do more
would endanger his life. he may then
become the assailant in his turn, and
may slay his enemy. II one endeavor
10 assail another with . club. or other
like weapon, dangerous, or deadly, the
party attacked, II there be space about
him to do 80 in, should get out OF the
way.
This Is very hard for spirited man
10 do; but the law requires Of him, be
tore taking life. that ne shall do so, IL
he can't taking no account OF the Off
terence between men in point of spirit
Dr. bravery or their sensitiveness TO In
suit, but requiring of all alike that they
shall not kill, unless life is incapable
of being protected or the body secured
against great bodily harm In any other
way. The law 10 very tender OF human
life and will not allow that Of an assil-
ant. even to be taken, except under such
pecessity as has been described. This
aw of self defence supposes that the
attack WAS unexpected by the slayer;
FOR IL, In case OF combat, the slayer
went into 1t Voluntarily; expected TO
meet his opponent and prepared him
,elf beforehand with the means TO oon-
tend with him, the conflict cannot be
from that ofa duel, where
II one party be killed the other Is guilty
Of IL urlier. To much for the law Of self
defence. II the law were otherwise,
then revenge or resentment would take
the place OF self-defence and hoInicidal
crimes would be common-sost strong are
the passions of men, when Avenging the
insult OF attack. The penalties for
are the best protection yet
for the security of society.
Not all the influence Of moral train
ing, nay of religion itself would be
found so adequate and sufficient for
that purpose az the terrors Of the law
so deeply rooted in the hearts of men,
Is the spirit of revenge. which, at some
time or other, has been nroused In most
of them. Though crimes Of extreme
violence, such as homicidee, are appar.
emily on the increase, at this particular
time, yet there are fewer by far In pro
portion to population than there were
in times past. The strict admintstra
tion of the law by courts and juries
still continues and while such remains
the rule, we may reasonably look for
ward to the time when human life can
be said to be safe ip Della ware from per
sonal violence. A strict enforcement
of the law is the best security to the
people of the State.
The law, with respect to Defence o.
property, is this: When a man is In
his own habitation, or dwelling place
and is there violently attacked by one
who intends to kill him, or do him
some grievous bodily harm, he need no
take any steps to get out or his way
Az every mans dwelling house Is alst
his castle of defence, or In the eye OF rh'
law, he need not retreat at all Che be-
ing in contemplation Of law in the sam'
situation as one attacked elsewher'
thnn in his own house who has retreateC
until he can do SO no farther by reasor
of a wall or other obstruction that pre-
vents him), but may slay his adversary
thus attacking him. But where ths
trespass of the wrongdoer is not TO the
habltation or dwelling, but upon or tC
the land only, thero the law is differ
ent. Before he can use any violence tc
the trespasser, much less resort to
deadly weapon, he must, II he Wishes
to get rid of him, sndeayor to do so by
the use of gentle means, such as per-
suasion or moderate application o.
force; should resistance be offered, h'
has the right to oppose TO that resist
ance and use sufficient force to over
come 1t, but never resort to the use o
| o deadly or dangerous weapon until
| Is absolutely necessary TO defend him
self against such in the hands of tn
Iwr1ngdosr.
An attempt at forcible entry for |
IfeIonious purpose into dwelling hous
may be resisted at once by killing tn
loffender, If that be necessary to tn
defence of IL, But forclble entry int
a tract Of land, by opening o close
gate, or pulling down fence bars,
Icutting through hedge, or breaking
wall, as it docs not denote oi itself
] intention TO do any act OF persons
violence, does not warrant the possei
sor in resorting to any violencs
pei the intruder incommensurat
with or ont of inst proportion TO ths
used or threatened. The law fu
nishes an adequate remedy for thi
offence, in panishing such tresPassel
mot only with the actual damages th
plaintiff has suffered by his wrongft
act, but will also authorize jury
|, give exemplary damages, or damage
Iby way of punishment for his violen
lantrv. Whara il has been attended