Western liberal. (Lordsburg, N.M.) 1887-1919, 1895-07-05
THE LAW OF sEIF-DBPENsB.

THE LAW OF SELF-DBFENSB.
A recent dispatch from Washington
says:
One Of the last cases decided by the
Supreme Conrt Of the United States
previous to adjournment was that OF
the appeal Of Babe Beard from the
Judgment Of conviction and sentence
TO eight years imprisonment for man
slaughter 10 Judge Parker's court for
the western district Of Arkansas. The
opinion OF the Supreme Court reyers-
ing the Judgment below was an
nounced by Mr.. Justice Harlan, who
has fled the views OF the court in full
with the clerk. They are important
in that they set forth the law of self
defence. Beard had three brothers-in-
law, young men who came TO his
house in his absence with the ex-
tprcssed determination ofdrlvlng away
a COW, ownership Of which was claim
ed by one Of them and also by Beard,
after the latter had warned them not
to come. While they were dlsputing
with Mrs. Beard her husband return
ed home. One Of the brothers, win
Jones, advanced upon Beard, who had
a gun in his hands, and made motion
as il to draw n revolver from his pock-
ct, which be had grasped in his hand.
Beard struck him over the head, in
tiicting a wound from which he died.
On the trial, Judge Parker instructed
the jury in regard to the law OF self
defence to the effect that Beard was
compelled by that law to avoid dan
ger at Jonos's hands by getting out of
the way il he could, and that the only
place where he need not retreat fur
ther was his dwelling house.
This charge Justice Harlan says was
objectionable in point Of law on sew.
cral grounds, lie said:
"The court, several times in its
charge, raised or suggested the inquiry
whether Beard was in the lawful pur-
suit Of his business-thati is doing what
he had right to do-wheu, after re.
turning bone in the afternoon, he
went from his dwelling house to
part Of his premises near the orchard
fence, just outside of which his wife
and the Jones brothers were engaged
in dispute-the former endeavoring
to prevent the cow,being taken away,
the latter irving to drive it of the
premises. Was he not doing what he
bad the legal right 10 do, when. keep
ing within his own premises and near
his dwelling, he joined his wife, who
was in dispute with others, one Of
whom, as he had been informed, had
already threatened to take the COW
away or Kill him? We have no hesiua.,
tion in answering this question in the
affirmative.
"ln our opinion the court below
erred In holding that the accused,
while on his promises, outside OF his
dwelling house, was under a legal duty
20 get out Of the way, if he could, of |
his assailant, who, according to one
one view Of the evidence, had threat
ened to kill the defendant, aud in exc
cution Of that purpose had armed him
self with deadly weapon, with that
weapon concealed upon his person
went to the defendants premises, de-
spite the warning of the latter to keep |
away, and by word and act Indicated
his purpose to attack the accused.
The defendant was where he had the
right to be when the deceased ad-
vauced upon him in threatening
manner and with a deadly weapon;
and If the accused did not provoke
the assault and had at the time rea-
sonable grounds to believe and in good
faith believed that the deceased in
tepded to take his life or to do him
great bodily harm, he was not obliged
TO retreat, nor to consider whether he
could safely retreat, but was entitled
to stand his ground and meet any at
tack made upon him with deadly
weapon in such way and with such
force as, under the circumstances, he
lt the moment honestly believed, and
had reasonable grounds to believe,
was necessary to save his own life or
Lc protect himself from great bodily
injury.
"As the proceedings were not con-
1ucted 10 accordance with these prin-
ciples, the judgment must be reversed
and the cause remanded, with direc-
lions to grant new trial"
Reports from all parts Of the terrific
ry say that fruit and crops are looking
we'll.
Good Looks
Good looks are more than skin deep
depending upon a healthy condition Of
ala the vital op0oua II tho Ifvor ha /