Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-03-27


an intention on the part OF Craft, who was
armed and ready for the purpose, of shoot
ing Harlan, as there is of any 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, 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 yiiest language in
respect 10 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 rs to matter affecting her chas-
tity and character before marriage. she had
q right TO look for support and defense in a
legal and not merely in a moral sense.
Now will You examine these facts, and,
when you couple with them the prop
ositon that at the instant that this atfray
began there is no testimony to show what
Graft debut you know what his dispo-
sition was ; you know what his expressed
intentions We're: you know what his con-
duct was you know that he was prepared
Nelson and himself upon that day !;
you know the circuitous route which
he took; you know the mystery
which pervaded all of his movements-I
say you have right to infer, as a 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 il. | think then that
your Honor can say, independently of the
effect which the attacks on the daughter
may be presumed to have had on the mind
OF the father, in view of this comprehen-
sive 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. If 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 10 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 mere instrument of re-
venge. The State is then engaged in ven
gence and not in prosecution, when it re-
fuses bail under such circumstances. ] say
hot
Perhaps it is true that sometimes private
parties secure position where they may
TEMPORARILY MASQUERADE AS A GREAT STATE;
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 So vehe-
mently opposed by three learned counsel
who present their arguments against it?
Is it because they believe Harlan would run
away? They would not claim that. Then
it must be because there is some positive
law i'll their judgment which prohibits his
admission to bail. If this difficulty does
not exist and think l 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
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, good
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.
l have read to your Honor the sections of
the Penal and Civil Codes in relation to
self-defense and the protection of man 5
self and of his family, and | say, as a
proposition which ought TO enter into
the consideration of this case, because
it is borne up by the law. that
and vindicate his own daughter against a
saturated villain or dangerous lunatic
who had attacked her chastity, and had
sought to tarnish her good name, and who
epdeavored to wrest from her that spark
ling jewel which concentrates the RAYS of
purity upon the brow of womanhord,
would be a disgrace to himself and to his
country. He ought never to touch the
hand of a decent man, or the soft fingers of
u pure and gentle woman. To him, 10 such
a man as that home sweet home. the
sanctuary of the human heart the shrine
of the hottest affections and sentiments
should be forever closed, and hc should
wander over the earth the trembling ghost
of deathless remOrse, and when his bale
ful breath ceases to minrle with the air,
his poisonous dust should be scattered to
the wind and oblivion should be his final
doom
THE RIGHT OF PROTECTION AGAINST INSULT,
Against defamation, ! ,ainst violence, is the
most fundamental right CT which human
beings are possessed. It was implanted in
man by his Creator. 1t is part of all So
cial organizations and all government it
is part of every charter of human liberty;
1t is guaranteed in our State Constitution
and i'll the Civil and Penal Codes; it exists
even in animals, in serfs, in slaves, in the
oppressed al every race and of every ma
ton; it is the sacred right of seli-detense,
which every writer on law or morals has
vindicated 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,
tnaL II IS haru 10 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 this right of selfdelense, by law as
well as by nature, is not limited to the man
himself but extends to those " lp are de
pendeni upon him-to his wife. to his
children. and even To 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 r
please. TO have referred a little more ut
length to some of the authorities which
were cited on the other side, but l 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, ana embodied
in the sections of the Penal Code and the
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.-the 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 as
to whether the Court uDon haheas