The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-12-14

facts ana ctrcumstsn nces in the caso
tending to prove the guilt or inno-
ceuce of the defendants, or either Of
them, or the offense charged, You are
uncertain or In doubt, then such evil
dence OF the good character OF the
defendants, or either of them, should
be considered by you - . circum-
stance tending to prove that they,
or either Of them, would not be likely
to commit such onense.
But IL you believe beyced q reason
able doubt after giving due ue.consider-
alton to all of the evidences in this
case, including that OF the character
OF the defendants, that the defend
ants, or either of them, are guilty Of
the, crime charged against them In
the Indictment, 1t will be your duty
to And the defendants guilty.
The defendants claim Justification
for killing the deceased for the rea-
SON they, as they claim, wereattempt-
ing to arrest the deceased for the
commission of a felony. The statutes
of Arkansas, which have been
adopted by act of congress and are
in force in this jurisdiction, authori-
zes private person to make an ar
arrest, and the manner of executing
such authority. is as follows:~
"Sec. 20o3. A private person may
make an arrest where he has reason
able grounds for believing that the
person arrested has committed q
felony.
"Sec. zoos. No unnecessary force
or violence shall bs used in making
the arrest.
"Sec. 2007. The person making the
arrest shall inform the person about
to arrested of the inten, ion to arrest
him, and the offense charged against
him for which he is arrested, and, il
acting Under a warrant of arrest,
shall give information thereof. and,
If required, show the warrant"
1t will be seen therefore that there
is right in the hands of the citizen
to make an arrest of arother citizen,
but beforethat right can be executed,
certain conditions must be proven to
exist. In the first place, it must be
proven that the parties sought to be
arrested were guilty of crime, such
as robbery.
Robbery is the felonious taking Of
any goods, money, or other valuable
thing from the person of another by
force or intimidation. The manner
OF the force or the mode of intimida-
ton is not material, further than it
may show the intent of the robbery.
Robbery is felony under the laws
in force in the Indian Territory.
Then the party seeking to make
the arrest must have reasonable
grounds to believe that the person
he is seeking to arrest is the party
wig is guilty of that crime. There
fore, you are instructed that when q
citizen seeks to make an arrest, and
the proof shows crime has been
committed, and there Is reasonable
ground to believe that the party be
is seeking to arrest is the one guilty
! of it, if it is possible for him to do so
with due regard to his own safety, he
is required to make himself and bis
mission known, but be has a right,
just as the officer has, to stand upon
the principle that he is to seek his
lown safety and his own protection,
and II, when he is seeking to, make
the arrest or proceeding to do so, the
fopportunity to make his mission
Known is cut on by deed of actual
or threatened violence upon the part
Of the person he is seeking to arrest,
then the fact that he does not make
known who he is and what his mission
is before the party who cute him on
from the privilege or opportunity OF
making known his purpose, IL he 10
lawfully proceeding upon that mis-
sion, to stand upon the defensive and
seek his own protection all the time.
II he is fred upon, or an attempt
made to nre on him, when be has thst
purpose in view, before he 10 enabled
to make the purpose known, he In
therefore cut on from proclaiming his
object by an act of violence or threat
ened violence, and he can stand up
on the defensive because he is in the
right. he 10 in the execution of law
full power; and he who so acts vio-
lently, or by such attempted vio-
lence, is to blame.
The statutes of Arkansas provide
that should the person attempted to
be arrested resist such arrest as fol-
lows:
"sec. 1855. II any oficer or pri-
vate person attempt to take person
charged with treason, murder, rape,
burglary, robbery. arson, forgery,
counterfeiting. or any other crime
made felony by the statute laws of