Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-03-27
in this record 10 establish the existence Of

ing Harlan, rs there is of anv intention on
the part of Harlan to shoot Craft.
Now this is a very brief sketch Of the
view which the petitioners counsel take of
what is disclosed by the records in evl-
dence in this case. You see. then, q man
who must have been, through his conduct,
one of
THE VERY LOWEST OF GODS CREATURES
Or he must have been absolutely insane,
using the foulest and the viiest language in
respect TO a decent and an accomplished
woman not limiting himself even to these
ISLANDERS. but he threatened life. And all
this was communicated to her father. who
was her natural protector. and to whom.
certainly as to q matter affecting her chas-
tity and character before marriage she had
a right to look for support and defense in
legal and not merely in a moral sense.
Now will You examine these facts, and,
when you couple with them the prop
osition that at the instant that this atfray
began there is no testimony to show what
Craft did-but you know what his dispo-
sitiCn was you know what his expressed
intentions were: you know what his con
duct was you know that he was prepared
for homicide; you know the acts of
Nelson and himself upon that day;
you know the circuitous route which
he took; you know the mystery
which peryaded all of his movements-I
say you have right to infer, as strong
probability from the record in this case,
that the instant Harlan entered that room
and looked before him, where he saw no
body, and then turned and saw Craft, that
Craft made some motion or some gesture
or manifestation, some indication of his
intention TO carry out that threat which he
had previously made. He was ready for
that purpose but he was not quite quick
enough TO execute it. | think then that
your Honor can say, independently of the
effect which the attacks on the daughter
may be presumed 10 have had on the mind
of the father, in view of this conprehen-
eive analysis-if | may use that express
sion-of the testimony TO show the outline
of the probable defense, that there is at
least enough to prevent this petitioner
from being found guilty of murder in the
first degree and sentenced to the penalty of
death. II you can so find then he is alb
solutely entitled to bail and under any cir
cumstances, in view of the other matters to
which reference has been made, your
Honor would have discretion TO grant it.
The object of bail is to secure the attend
ance of the defendant at the trial. If that
be the object of bail, then in every instance
where bail is refused without the positive
inhibition of the Constitution or without
the slightest danger that the defendant
would absent himself at the trial, the re-
fusal becomes a mere instrument of re-
yengc. The State is then engaged in ven
gence and net in prosecution, when it re-
fuses bail under such circumstances. / say
that great State cannot stoop to revenge.
Perhaps it is true that sometimes private
parties secure a position where they may
But, after all, behind their contortions,
stands the State ITSELF calm, just and free
from all passion and from all resentment.
Why is this application for bail ST. yehe
mently opposed by three learned counsel,
who l4esent their arguments against it?
Is it because they believe Harlan would run
away? They would not claim that. Then
1t must be because there is some POSITIVE
law in their judgment which prohibits his
admission to bail If this difficulty does
not exist and think have shown that il
does not exist, then they themselves pre-
sumptively would desire that he be admit
ted to bail. OF course this petitioner is not
to be punished in advance of conviction.
and just force enough to insure the end of
his presence at the trial, is to be employed.
Habitual criminals, or individuals who
betray criminal instincts and commit Of
lenses in violation of our laws for gain or
in the execution of nefarious schemes or
projects, stand, especially before convic-
ton, in very different attitude from that
of an honored and aged citizen, q cool
husband, good father, an industrious and
worthy producer, who has made the world
better and more prosperous because he
lived in it, who, even in resentment at
some horrible charge upon his family, in
flcts deadly punishment upon the offender.
/ have read to your Honor the sections of
the Penal and Civil Codes in relation to
self-defense and the protection of a mans
self and of his family, and | say, as
proposition which ought TO enter into
the consideration of this case, because
it is borne up by the law. that
an American who would not protect
and vindicate his own daughter against
saturated villain or a dangerous lunatic
who had attacked her chastity, and had
sought to tarnish her good name and who
endeavored to wrest from her that spark
ling jewel which concentrates the rays of
purity upon the brow of womanhocd.
would be disgrace to himself and to his
country. He ought never to touch the
hand of decent man, or the soft fingers of
a pure and gentle woman. To him. 10 such
man as that, home, sweet home, the
sanctuary of the human heart. the shrine
should be forever closed, and he should
wander over the earth the trembling ghost
of deathless renorse and when his bale
full breath ceases to mingle with the air.
his poisonous dust should be scattered to
the wind and oblivion should be his final
doom
TIE RIGHT OF PROTECTION AGAINST INSULT,
Against defamation, 4 ,ainst violence, is the
most fundamental right CT which human
beings are possessed. K was implanted in
man by his Creator. 1t is a part of all Sc
cial organizations and all government it
is part of every charter of human liberty;
1t is guaranteed IN our State Constitution
and in the Civil and Penal Codes it exists
even in animals, in serfs, in slaves, in the
oppressed OF every race and of every ma
ton; it is the sacred right of self-defense,
which every writer on law or morals has
indicated in all ages and in all social and
political conditions. In the American
breast it is an instinct, the surrender of
which is impossible. 1t is so deeply
rooted in the nature of every. man.
and especially in the nature Of every
man of our race and of our lineage,
that it is hard to conceive of one so low,
so lost to self-reSpect, so destitute even of
the honor of the beast, who would barter
that birthright for any wealth or rank
And tins right OF Self-GeienSe, by law as
we'll as by nature. is not limited to the man
himself, 0ut extends to those WHO are de
pendent upon him-to his wife. to his
children. and even IN Strangers who are
temporarily under his protection. The
statutes of our State present this idea in
terse and pregnant sentences, glowing
with fire more inextinguishable than
that which was guarded By the vestal
virgins themselves
Now should have desired, if your II N
please, TO have referred a little more at
length to some of the authorities which
were cited on the other side, but | deem it
to be unnecessary to pay any further at
tention to them. | say FIRST. that in this
case, upon the face of the record and upon
the cold law applicable to it, and embodied
in the sections of the Penal Code and the
authorities which have been read to your
Honor, that the proof is not evident and
the presumption is not great. / pay no at
tention to the case in 63 Cal.-tbe Troia
case-because it is wholly inapplicable.
There was only one question in that case,
with which your Honor certainly must be
familiar, and that is the question az
to whether the Court upon haheas
corpus would look into the credibiiity
of witnesses. That is all there is
in that case when it is analysed. The Ash
mead case, which IS referred to IN the
opinion in the Troia case, is commented
upon explained and ENLARGED in the case