Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1898-09-17

gunLy. Overt acts, hoe tie demonst "a
tions and appearances must not be
made mere pretext or excuse for the
taking of a human life or in formu.at-
ing plea of self defense. The ques-
ton of his honesty and good faith must
be determined by the jury from the
evidence. If they have a reasonable
doubt upon the question they should
give the defendant the benefit of the
doubt.
The laws regarding the ties of the
domestic relations permits husband
to defend his wife, wife her husband
a parent his child, child its parents,
brothers and sisters to defend each
other. II a person attempts to defend
another standing in any of the above
named relations, and in so doing he
takes the life of the aggressor, he will
be governed and judged by the same
rules that he would be if he was en-
gagged in defending himself.
As has been explained, If person
voluntarily kills another IN a sudden
heat and transport of passion engen-
dered Ly an adequate provoeation,
without previous malice, such person
will be guilty of manslaughter only.
1t is necessary, however, that the kill
ing must take place while such person
is laboring under the sudden heat and
transport of passion epgendered a,s
aforesaid and the act must be induced
thereby. 1t will make no difference
how great the provocatlon may have
been, if sufficient time elapses be-
tween the provocation and the killing
for the heat and passion to co and
subside and for reason to inter, ose,
the homicide will be murder.
Ii is well established tha. the use f
mere words alone, however offensive,
insulting and opprobrious they mty-
be, will not be suffi, to reduce a
voluntary homicide from murder to
mauslaughter. Standing alone, they
will not constitute an adequate provo
cation; bnt abusive and insulting
words and epithets, accompanied by
an assault, or an assault and battery,
or an attemuted assault and battery.
will ordinarily be deemed an adequate
provocation.
A man who is without fault may in
good faith arm hin> .lf for the purpose
of defending himself against threat
ened or apprehs nied attack, and
which he reasonably believes may re-
suit in death or great bodily harm to
him.
Evidence has been given tending to
show that the deeeass ID bad made
threats against the defendant and
other members of the family priar to
the time the homicide was committed.
Concerning this testimony the jury
are instructed that the law is that mere
naked threats made by one person
against another will rot justify the
taking of human life, no difference
how violent and desperate such threats
may be
Previous threats. standing alone.
however violent or desperate they may
have been. unless they are coupled at
the time of the killing with an apparent
design then and there to carry them
into effect. will not justify a deadly
assault by the party Threatened. There
must be such q demonstration of sn
immediate intention to execute the
threat as to induce reasonable belief
that the party threatened will lose his
life or suffer severe bodily injury un-
less he Immediately defends himself
against the attack of his adversary.
Evidence has been given tending TO
show that Dennis O'Neal at the time
he was killed was . person Of dissolute