Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-10-24
NATURES FIRST LAW.
How Imminent Must Be the Peril 20
Justify Homicide?
"A virginian" in the st. James Gazette


"A virrinian" in the st. James Gazette
If the recent tragedy ct Kingsland had oc-
Cured in any part Of the United States 1t is
very certain that the man who is now undergo
ing sentence of twenty years penal servitude
would have met with no punishment whatever
In some states il is possible that he might have
been brought TO trial, but no American Jury
would have convicted him; in other states cor
oner's jury would have at once exoueratcd him
from blame, on the ground of lf-defense: and in
few states, such Texas and Colorado, il
it is quite probable that the inquest would have
resulted not only in verdict of jus;ifable
homlc1de, but also in the jury passing a vote
OF thanks to the slayer for having rid the COM
munlty OF two disreputable ruflians. Hargan's
conviction and punishment must naturally lead
to the conclusion that the right of defending
ones self IN EnSand is very much abridged
ana, indeed, only exists In theory, for if a man
may not shoot when attacked by three roug his
who are bent on doing him grievous bodily
HARM when may he shoot?
In England the answer appears to be that he
may not shoot at all; that he must quietly sub
NIT to be pounded, kicked and rerhans fear,
fully injured, rather then take the lives of his
assailants. Although he may have in his
pocket weapon that would bring down his
assailants and thereby cffectually protect him
self from bruises and broken bones he must
hot uee ~ Dccatise III WoUlu cnuanGer the lives
OF those from whom he is suffering violence
and from whom he Is otherwise unable
to defend himself. Even if knowing
the bad character of the row
dies molesting him, he has reason to fear that
his HE Is In danger, or that he may be injured
or disabled fcr the remainder OF his earthly ex-
istcnce, 1t appears that he still has no right to
resort to extreme measures. Now, the EnglIsh
rough is by no means chivalrous gentleman.
nor does he generally engage in an encounter
sinSie handed. On the contrary he takes care
that the odds are three or more 10 one in his
favor, and when he gets the victim down on
the ground he does not calmly suspend pro-
ceedlngs until the victim has risen again, but
Jumps upon him, stamps upon him and kicks
him nearly to death.
Tho prospect of being thrown down, trampled
on and kicked by gang of London rowdies is
enough TO brighten any man and to cause him
70 protect himself by any means IN his power,
even II those means make him Stay or of his
fcllow-creaturc. 1t is too much to ask anv
human being to carry his respect for the life of
others to such an extent as to allow himself 10
be cruelty and brutaly battered and injured.
And even allowing that n man ought to submit
| to an ordinary .hrashing mo American would
allow IT. rather than use his revolver. how is he
to know that 1t Is only going to be an ordinary
thrashing? How is he 70 foresee that, when
his sssailants have once laid him low in their
drunken fury and bcstiality. they will not
| actually "do for' HIM.
Men frequently die from much milder in
lurles than those that can 30 indicted by three
pairs of heavy English 5>ots welded by three
pairs OF powerful legs. Wh1 can say that when
lnrSan shot these men knowing their despcr-
ate characters, he did not believe his own life
to be IN danger? He had gone out by back
way IN order to avoid meeting them again and
the mere fact that they followed him was SUI
tcient indication that they meant mischief.
he had no time to pause and onsider how
great or how small might be the beating in
! store for him or how long he might be in
! the doctors hands after it. or what were the
| odds III favor OF his not succumbing altogether
| With only moment to think with three fu-
| nous rutfians crowding upon him, with the
| knowledge of his physical inability to cope
! with these. the fear. no doubt, took possession
OF ms mind thas his life was i'll peril and he
! did what every man ie supposed to have a right
/ to do under the same circumstances he de-
| Tended himself to the best of his ability. and
| his ability and resources were such that he
killed two of those who were intent upon doing
him harm.
Certainly In any portion of America, and
| belleyo III most other parts of the civilized
world, the view would have been taken that he
| was thoroughly justified in his action. The
| fact OF his beln, in possession of revolver
am told, changes the character OF his offense in
| the eyes OF the English law; but is it not DOS
| slble that the cxlScncIes OF the neighborhood
! In which he lived, and the danger of molesta.
ton to which he knew that he WAS liable, had
prompted him to become the possessor of thai
| weapon?
Tho right of self defense in England has re.
cclVed serious blow and the rowdy and the
burglar Will view it with giee and reioicincs.
The latter, indeed, may almost take it fol-
granted that, even If ne should be detected in
midnight visitation to strangers house, the
householder will hesitate to use toward him
those weapons which no doubt the burglar
himself carries. liz man may not use his pis
tol to protect his person, it can hardly be- held
to be lawful that he should use it 70 protect
| his property. 1t is often charged agains,
Americans, and especially against those of the
south and west, that they hold human life far
| too cheap-that they think too little of killing
their fellow men. Perhaps they do; but at ali
events the feeling among them is unanimous
that they have the right to the most extreme
measures to protect themselves from the
wanton violence and assaults Of despcradoes
and ruifians
On the other hand, in England it is attempted
| 20 foster the reverence for life to such an ex-
tent that a man shall consent to be beaten III
| jured. plundered and perhaps even slain rather
than risk killing another. The opinion which
| prevails III the states cOnduces more to the in
divldual safety Of the law-abiding citizen and
to the discontinue of the criminal than the
opinion prevailing in Great Britain. The ordi-
nary rough hold greater sway and deties the
law with more immunity in London
than he does i'll any town on the other
side of the Atlantic A few rowdes
more or less do not make much difference in a
populous city and nothing lessons them more
than an armed police, bat when police are not
armed IT may become necessary for the quiet
and inoifensive citizen to arm himself although
he does SO at the risk Of twenty years penal
servltude If he should be SO unfortunate as 10
XII one OF his assaiants while protecting him.
sell from the worst outrages at the hands of a
gang OF rutiians.