Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-06-23

show TO the jury that the shooting of
:: IL. turner was necessary to preserve
MS own life, or to protect him against
serious bodily injury: and with regard
10 the necessity that Will justify the
Killing of Z. Il. Turner by y. {. Gill;
gan III self-dctensSe he, y. G. Gilligan,
must not nave WronSfully occaSioned
the necessity; for the court tells the
jury that Il man shall not in any case
Justify the killing of another upon the
plea of necessity unless lie was without
iault in bringing the necessity upon
himself: unless the jury believe from
tbs evidence that, although the neces-
sity did arise out of the prisoners own
FAULT. the accused. before shooting the
said Z. Is. Turner fairly declined an en-
counter with G. Il. Turner by retreat
ing as far as he could. and then did
the shooting in self-dcfense. or under
reasonable apprehension of death or
serious injury.
The court instructs the jury that if
they believe from the evidence the ac-
cuscd. a. c. Gilligan, went upon the
pre- misses of c. Is. Turner. on the even
ing or night OF December -. 1899. to
seek an interview with the daughter
of the said c. b. Turner. and that be-
fore going upon the said premises he
borrowed n gun With the intent of
shooting the deceased in the event he
was discovered by him upon the prem
lses and that having been so discover
ed upon the said premises. shot the said
pursuance Of said purnosc then they
will tind tho said {, C;ilIican ,uiity
of murder in tho first darroe
The colrt instructs the iurv that If
they believe from the evidence that
the accused had been clandestinely,
Tho daurhtcr of tho deceased unon the
latter's premlsns contrary TO tho
known Wishes of The deceased or oth-
erwise and thar the accused had rca-
son to believe and did believe that il
4hc deceased cau.rht hin, ,inon tho said
uremise. nj nirht IN tho not or ga
rassln, his soid daurh,cr ha would
make an attacls unon him and thar on
The nieht of the homicide the accused
was upon the premise. of the de-
ceased. armed with a gun. careesing
said daugntcr and was discovered by
The deceased. who said. You s-of a
IL 7 have vo, nov which Ionnunrr
was heard by the accused. and he dis
covered an object which he could ONLY
tell was n man by the voice. and that
the accused believed that he heard the
click of the cooking of "a gun and be-
lieved he saw n gun, and that the ac-
cnscd Immediately shot the deceased.
killing him. without retreating or max
ing any real attempt to do so such kill
ing was not in self defense and is not
excusablc In the eye of the law.
r,r,>,cc D,,cr>, MO ,p,ct,rr>,
- A'i' N-''
mat on trlal Tor murder the ne
cesslty relied on TO Justify the killing
must not arise out Oh the prisoners
own misconduct
nat upon tne trlal Oh TINS case, IL
,herc IS raised by the evidence ny the
Ilck OIL eNiuehcc' or even ny the IN
ssnulty Vi eoul'seI. re'Soilapie uoupt
oi any hia'erlai inct or circumstance
ne ,'E 10 estapi,sn me gulIt OF the
irIso'.tI as ci'ait,y e, IN the ildictnent'
tneh that reaso.iapie uoupl is decisive
but this rule of law is nor applicable
To iacts ana circumstances lmmater!al
ana Wnoiiy unnecessary TO convict as
chsrseu IN tne Indictment nor Is ms
ruic "ppllcaDle To any eNcusatory tact
OF circumstances teHuinS TO snow en-