The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-12-11
JURY IS INSTRUCTED.
Judge Hazen's Charge In Yoeman
Case Delivered.

I d
Hazen began reading his instructions.
The instructions were lengthy, and the
reading OF them occupied over half an
hour.
After reviewing the charge against
Mr. Yoeman and defining the different
degrees of murder and mansIaughter
and other legal terms,Judge Hazen gave
the following instructions on the points
which bore directly on this case:
"On trial for murder, if the defend
ant relies upon a supposed necessity
for the killing as a justification or ex-
cuSe, the rule to be applied is that the
accused must have believed that he
was il immediate and actual danger of
his life, from the deceased. or of great
bodily harm from him, and this belief
must rest upon reasonable grounds; and
the party from whom the injury is APP
pretended must be in an apparent sit
uatiOn to do so, and thereby induce a
reasonable belief that he intends to do
so Immediately; and you must determ-
Inc from all the facts and circumstan-
ces proven in this case whether this
condition of things existed at the time
Of the firing of the alleged shot or not
IF you believe from the evidence
in this case that defendant fired the
fatal shot which caused the death of
DAVID l. jackson and at the time of
firing said shot defendant acted under
the belief that he was in imminent dan
ger OF death or great bodily injury at
the hands of said Jackson, and that
the circumstances surrounding him at
the time We're such as to have induced
such belief in an ordinary prudent man
under the same circumstances, and that
the defendant was under the influence
of reasonable belief of the necessity
for firing said shot in order to avoid
death or great bodily harm, then de-
PENDANT would not be guilty.
Where the accused is assailed he is
justified in acting upon the facts as
they appear to him at the time, and is
not to be judged by the facts as they
really exist; and to constitute juSti-
fable homicide it is not necessary to
find that defendant was actually in
danger of losing his life or suffering
great bodily harm, but that he believed
such danger existed and had reasonable
grounds for such belief.
Where one person makes an unlaw-
full and felOniOus assault upon the life
of another and by reason of such felon-
iOus assault, the life of the assaulted
party is endangered or he is placed in
danger of great bodily harm, and the
assaulted party seeks to protect himself
from such felOniOus assault by attempt
ing to take the life of his assailant or
do him great bodily harm, and is justi-
fed in so doing, then the person max
ing the felOniOus assault can not there
after kill the party whom he first as
saulted and claim that the killing was
justihable as being self-defense.
If then, you believe from the evil
dence in this case that Defendant YOe-
man made a felOniOus assault upon the
person of the deceased with a deadly
weapon and that the life of the deceased
was endangered by such felOniOus as
Sault, and that the deceased Jackson,
believed that his life was endangered
thereby and sought to protect himself
from death or great bodily harm from
such felOniOus assault and assaulted the
defendant. YOeman, in return with a
deadly weapon, then the defendant Yoe-
man would not on that account be jus
titled in taking the life of Jackson IN
der a claim of self-defense.
But if, on the other hand YOU be-
INV "a n IL
that the deceased Jackson made a fell
oniOus assault upon the person of the
defendant YOeman with a deadly weap-
and that the life of the defendant
was endangered thereby. or he was
placed in danger of great bodily HARM
and the defendant believed his life to
be endangered or himself to be
in danger of great bodily harm
and sought to protect himself
from such felonious assault and
in return assaulted the deceased Jack
son with deadly weapon, then and
under these circumstances the defend
ant Yoeman would be justified in TAX
ing the life of the deceased jackson
under claim of self-defense.
If the deceased Jackson and the de-
PENDANT YOeman had had a difficulty
at the barn shortly prior to the shoot
ing and Jackson had gone to the ex-
press wagon where the shooting took
place for the purpose of leaving the
premises, and the defendant YOeman
procured a revolver and followed him to
the wagon with his revolver drawn in
a menaclng manner, threatening to
take the life of Jackson and Jackson
believed his life was in danger or that
he was in danger of great bodily harm
a the hands of defendant YOeman. and
the surrounding circumstances were
such as to induce such belief in an or
dinarily prudent person, then and under
these circumstances Jackson would not
be required to wait until a shot was
fired at him by the defendant YOeman,
but would be justified in defending
himself, and if under these circum-
stances Jackson did fire the first shot
in self-defense and thereafter defendant
Yoeman in return fired at Jackson and
thereafter several shots We're exchanged
between the parties. and the deceaS ed
Jackson was mOrtally wounded at the
hands of the defendant Yoeman, then
the defendant YOeman could not claim
that the shooting was done in self
defense. But if you believe from the
evidence in this case that Jackson and
Yoeman had had a difficulty at the
barn shortly prior to the alleged shoot
ing. over the possession of certain
horses, and that YOeman thereafter
went to the wagon where Jackson was
or between the wagon and where the
horses were for the purpose of prevent
ing Jackson, or Jackson and others,
from taking said horses from the prem
ises, and took his revolver with him
for the purpose of using it in case he
was attacked or assaulted by Jackson.
or by Jackson and others and while
there attempting to prevent the taking
of said horses from the premises Jack
son fired at him with a revolver, then
the defendant Yoeman would be justi-
fed in returning the fire. and if Jackson
was mOrtally wounded under these cir
cumstances then such wounding would
be justifable on the part of the de-
PENDANT.
IF shortly prior to the shooting the
deceased Jackson and the defendant
had had a difficulty at the barn and
Jackson had left the barn and was en-
deavoring to leave the premises. then
the defendant Yoeman would have no
right to procure a deadly weapon and
follow him and make a felOniOus assault
unon him on account Of the trouble