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

ollset the testimony in relation TO the
party upon trial, this respondent, ~ TO
What was done when he WAS ordered
from the yard. You viii recolleei. II Il
l. a fact. and IL Ia testimony whether or
no, he Immediately took on, bic knife
and opened !, while sitting In the sleigh.
Was he justified In using tia, weapon
on ,ha, occasion, You have q right TO
take into consideration the actions tha,
,ran.pired =, tina, time; you have =
right 10 take into account tie situation
Of the " parties. their relative age.
their relative strength. their physical
ability and ssy whether OF DO, in your
opinion the means that were used by this
respondent were reasonable under the
circumstances Of that occasion. You
recolleei the testimony as 10 VIA, was
said and as 20 VIA, the objec, Of the de-
ceased vas in going to that sleigh Was
/, to commit . Serious bodily harm upon
this respondent. or Vas !, TO order him
from the yard. and. II he did not 10, to
use ,ueh force as nigh, be necessary in
taking him from the premises. You
will consider whether of not the deceased
va. armed yoa will consider bis rels'
tive strength snd the age and relative
strength Of the psroa accused. Now,
gentlemen. these facts ave before you.
You will say whether OF not. under the
eircum.,.noss Of the case. this party was
justified In usirg the weapon tia, he
there used. and. II be used Il, whether or
no, be was justified in lie use. q. the ev-
ideree may. OF may not, satisfy you.
These are facts. gentlemen, wholly fot
you to determine; you will. IN ooasidsr-
ing tha, question. remember what Vas
said by The deceased. a. he came TO the
sleigh. and whether OF no, the nature OF
that meeting VAS 10 commit upon this
respondent a bodily assault. OF whether
Il vas merely TO tjse, him from the
premises Of the deceased, OF 81 which he
bad c%on,rol. and using no more force
,hao ~as Necessary. say you will take
into account all these Surrounding cir
eams,lnce.. and say whether you belisve.
under the eifeum,,ances Of this case, Of
that meeting =, ,ha, time and place. this
defendant was justified in the use Of the
weapon which !, said be there used on
that occasion. You have heard detailed
10 yoa the circumstances and the manner
in which that weapon vas drawn. that
the knife va, taken from hi, poke, be-
fore be lsh The sleigh and ,hA, ., ~.'
orened while 10 the puns, iAa, that kniie
was dnvn Al ,ha, time. lol may be
satisfied. sen,lemsn. whether OF 20; that
/, in accordance With the facts; you may
be satisfied ia your own minds ~hen aud
where this fatal ihfus, vas given, and
al the circumstances connected with u
ard yoa ~ill sAy then whether from The
evidence In the case. from the nature OF
the waning given by the deceased 70 leave
The premises. ,hi. rc,POndshi -As la'ti-
ted in the Use Of the -esPoa which be
thea AID there !, ,Aid 70 have used. and
IN determining that. gentlemen. yol have
III. iisk, 10 take into account from the
evidence 10 the case ~hai ~Ns 'aii by
the deceased and whether from What -A'
sad, hi, inisn,ioa And bic acts =, that
time were 10 commit = serious bodily
harm upon this responder, or not lou
have bead The testimony TIA, The deeeAs'
cd ordered him 10 leave the premises [;
you have heard the evidence a. 10 The
number Of times TIA, be ordered him 10
leave the premises. AID you have heard
the testimony u VIA, vAs siVsn IN re-
ply, that be wAs Abog, 20 ,afn The ho''e
a, the time u The encounter between
,ks,e too pAriie, then, gtn,lsmen. you
are 10 determine whether upon al the
eireum.iAnce, q the case. ~ they have
been developed 10 yoa IN the evidence
here. ,ki. person IN ,slf.dsfenee wAs JUS
tilted ia The uss Of the ~eaPoa made As
on that occasioa. loa have also heard
The defence ss, up here that II this de-
ceased vas killed tia, be Vas killed also
BY reason Of hi. own hand. that Is by
reason Of bringing the knife inio hi' o"n
body While held pA.,i'ely in the hlnd OF
the respondent That. gentlemen. i' 20,
IN sslf-defenoe a. understand u. nn
no, .si up in .slf-dsienee. II the sillins
q the decreased vas oeeasioned in that
mAaner. A. | understand the defence
e, Up a. .elf-dsfence. IL Is ,ha, Il BE-
came necessary and ss means Of pro.
,ee,ing hi, own person from Appreciated
violence, and such as would ~srran, him
ia the use Of tia, weapon. bu, II The de-
fence. 4, also -, up tia, II wls Aeei'
deniAl.-,hAi this person himself who y
deceased drew the knife into his own
body. that !, not a part OF the defence
se, up here a. .elf-defenee. bu, would be
another bnbeh Of the defence. You
may consider. gentlemen. VIA, the facts
are in this case. AID thea cay. II this
kniie Was used in self defenee. as one
par, Of hi. defence Is Sc, Up here, whe,h'
er i, was proper Ia its use a. ,hr time on
that occasion. under al the eiream-
STAGES surrounding those two paiiie,
Take into account, you may. the phys
ieal ability Of the deceased. and when
you take tia, into Aeooun, you will no,
fail 10 consider whether OF no, be was
armed With a dangerous vesPoa. or
whether be was simply there 10 accom-.
pli.h = purpose as Indicated. II be did
indicate by bis voice. in ordering ihi.
party from bis premises. and II he did
no, leave then 10 ejee, him from his prem
ise,. l say you may consider all the
surrounding circumstances, gentlemen.
and then say whether OF no, this party
deiendan, was justified in the use Of the
weapon 4, tia, time. al that place, and
under the circumstances Of the case A.
disclosed here ia evidence.
When you ascertain from the evidence
the manner Of the killing, II you fad 1t
10 have been done In defence Of the acts
Of the deceased. In deciding upon the
nature and character Of the offence, you
- ILL .r., a. sx.mtna and review