The bee., 1901-06-06


he had reasonable grounds to be.
live, either real or apparent, and
did in good faith believe, he was
then in imminent danger of los
ing his life or suffering great
bodily harm at the hands of said
Taylor or Will Cook acting in
concert, if in concert, or at the
hands of Taylor, and there were,
as it appeared to him, and as he
believed, no other safe and ap-
parent means of averting danger,
then the defendant Indie had
the right and it was lawful for
him, in the exercise of reason.
able judgment to use such force
as was reasonably necessary, OIL
apparently necessary to save his
own life or protect his person
from great bodily harm, even to
the taking of the life of said
Taylor: On such ground and
under circumstances the defend
ant Lindle is excusable under
the law of self defense; and if
the juryfind from the evidence
that the defendants johnson.
Mcintosh and Penrod, did aid,
abet, encourage or assist the
said Indie in his defense or in
the defense of themselves as de-
fined in this instruction, then
they are eXcusable under the law
of self-defense or defense of an
other. The danger to ones life
or great bodily harm to his per-
son, which authorizes him to act
in his own defense or defense of
another as herein indicated, may
be either real or apparent dam
ger.
No. Z. If the jury believe from
the evidence beyond reason
able doubt that the defendant
Lindle and any one or more of
the other defendants formed a
conspiracy to kill Taylor or in
fiict upon him great bodily harm,
as defined in instructions No. !
and ,, and had begun to execute
said conspiracy, if any, or if the
defendants or any of them sought
Taylor with purpose to inflict
bodily injury on him and begun
the assault or conflict with him,
with a deadly weapon, then the
defendants or such of them as
engaged in such conspiracy, if
any, or sought Taylor for the pur-
pose Of inflicting bodily punish
ment on him and begun the as
sault or conflict as stated above,
if they did so, cannot be excused
on the ground Of self-defense.
No. s. The court SAYS to the
jury that the union miners had
the right to assemble and march
in a peaceable manner, and for
a lawful purpose, for the ad-
vancement, benefit and increase
of their order by peaceable per-
suasion and argument, but if they
assembled or marched with the
view or purpose of intimidating,
alarming, disturbing or injuring
any person or the property of any
one, or to force by fear or alarm
or threat, other miners from
work, then said assembling and
marching was unlawful.
No. 8. The mine operators and
owners had the right to employ
guards and it was lawful for them
TO protect the property of the
persons in their employ from
force or reasonable fear or alarm
at the hands of union miners or
others, and to use reasonable and
lawful means to accomplish such
purpose.
10. If the jury believe from
the, evidence that said union
miners had assembled at said /
place and had confederated or
banded themselves together for
the purpose of intimidating,
alarming, disturbing or injuring
any person or persons, or that |
they cOnfederated or banded |
themselves together and went |
forth for the purpose of molest-
in:, injuring or destroying any
property of another, then in such |
,tate of case they were guilty of
a felony and the deputy sheriff,
and other defendants
summoned by him had the right
and it was lawful for them to
1isperse such persons and to ar
rest them without a warrant,
provided the defendant, Indie,
had reasonable grounds to be-
ieve and did in good faith be-
ieve said Henry Taylor and 9th
,rs with him, had committed or
we're committing a felony, and in
'uch state of case it was the duty
If Taylor and others to disperse
{ commanded and submit TO ar