The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-29
Court Rulings Have
Been Very Explic-
it in Numer-
GUS Similar
Cases.
Slight Disagreement Between
the Different At
tOrneys.

sustihable. The fact that A was armed at
ths time he made the assault male the
presumption OF danger TO himself from BIS
repeiling OF the attack much less tnan II
nothing 10 show that A retreated from the
attack, as the law requires In such q case
ia order 10 Justify the plea OF sel-defenss-
While IL would not be case or murder N
the FIRST degree il looks very much as IL
1t would be a case OF rnanslaughier."
]. T. Ronald who conducted the case
against connelia for the prosecution. did
not desire TO answer the question. but said:
II should simply suggest that any one
consult the decisions of the supreme court
in the matter"
Il Was HOrs de Combat.
Said Attorney William II. White, who
was one OF the attorneys In the Mccain
case IN whieh somewha. similar questions
were at issue: According 10 your ques-
ton, when A had been thrown TO the
ground by B, A was hors de combat. b
had no right after A was disabled from
fighting TO strike and threaten A with
stick, a blow from which might cause
death. II. when such strokes Were made.
A formed the belief that his life was about
to be taken, he had right 10 save his life
by drawing his pistol aud killing Il. The
facts upon which this answer to your ques-
ton Is TO be based would have to be deter
mined by Jury"
Saiu A&DFDty a. IL. ffiSS, GStssSea Oh The
Pacific Coast Compasy. My off-hand
opinion Is that II A assaults with his
fists and b. in repeiling the assault, uses
q deadly weapon which would induce in tina
mind OF q reasonable person the honest be-
lief that A was In danger OF losing his life
or Of receiving great b-dily injury at the
hands OF b, and 4 had no opportunity 10
withdraw from the coinfat from the. time
OF its inception, II A Kills p In the honest
beiaef that his life Is in danger. the killing
RH.8ss All
A, having been the asgressor. had reason
able opportunity TO Withdraw from the
combat ard failed to do so. if ne killed Il.
he would be guilty of nanslaughfer.''
Attorney Thomas H. Hardin answered.
III A IN good faith believed his life 10 be
In danger. ETC., the homicide would be ex-
without criminal intent. AS belief II un-
der the circumstances lard the circum-
stances would Include the relative ages
and sizes and ysieal strength of the two
men, the exact position In which Il stood
and in which lay. and az 10 whether
there was any opportunity fer A 70 regain
his feet quickly enough TO protect himself
from deadly blow. ana would ,nciude
ali the surrounding fsc,s,. a reasonably
prudent man could have had such a be-
lief, his belief would excuse him: even
though In fact he was not In danger of
death or great bodily harm. What the sur
rounding facts were and whether lnder
been formed in the mind Of n reasonably
prudent man-ln other words. what the
actual intent OF Il was. would be a Qles-
ton of fact. and rot of law
DisprOportionate Weapons.
Prosecuting Attorney James b. McEl-
roy answered: Il think the homicide
would be just!fable. The fact that was
thrown down ana was assailed by apons
out OF all proportion TO those used by
himself In the original assault placed him
legally upon the defensive
Said Attorneys Hastings and Stedman.
Such homicide would not he iu-.ihahle
unless In addition 10 the facts shown In
the hypothetical question /. appeared that
A WAS justified Ia believing that his life
was endangered. Il must indulge in such
threatening acts would lead a reason
able man to believe that his life was N
danger before a would be Justified in rak-
ing BIS lie. A cannot arbitrarily ana I'M
reasonably determine his own danger and
because he thus unrsasonahly thinks he Is
in danger take the life OF his assahant. es-
peesaily when A provokes the assault.
The aggre Esnr In frscas cannot when re.
uuised resor- IL killing of his aiver-
sary uness iha force used by the latter is
out Of alt proportion 20 the original
sault and * also such rs "a reasonably
pnt him In fear Of his own life or great
bodily hurt and then only as a last re-
SORT after retrestng or endeavorns 10 re-
treat from his adversary"