The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1902-03-01

spondent at the time the shot wal
fired did not to any extent abridge the
right Of the respondent TO act ia pro
lection Of himself II is not a presump
ton that the mere presence Of by-
stander will prevent the assailant from
inHicting serious injury and il is tbs
right and duty of the one who hnds
himself in personal peril to proteci
\ himself, without leaving it TO By.
ISLANDERS 10 protect him at their own
risk The law protects the coward a.
we'll as il protects the brave man and
a man Of cowardly instincts might
be attacked in such violent manner
that although surrounded by friends
he might put be in such position
! physically, on the ground OF else
where where he could not handle him
seelf readily, he might feel himself ia
such peril that he would be justified
in acting, although surrounded by
people. It is the right Of sell defense
to defend yourself against attacks.
Now / am requested 70 charge you,
gentlemen, aud do charge you, that
there Is no evidence in this case tend
ing 10 show that the respondents an
imal was lawfully impounded There
is no evidence in the case tending to
show whether his animal was unlaw-
tully or lawfully impounded The
statute provides that ia cities of the
fourth class the common council may
provide and maintain one or more
pounds within the city. and may ap-
point poundmasters prescribe their
duties and powers and nix their com
pensation II authorizes the impound
ing Of an beasts found in the streets
or otherwise at large contrary 70 any
ordinance Of the city etc It would
have been perfectly competent for the
people to nave shown such an ordin-
ance No such ordinance has been
shown. But I am requested TO further
charge YOU that the respondent was
therefore entitled TO break the pound
in order TO re-take the animal. / can
not charge you do charge You that
there is no evidence in this case ten
ding to show that the respondent an
imal was lawfully impounded. But
we have another provision Of the
statute upon this subject and after
some thought in the case, l advise you
that a man whose animals are impoun-
ded has not the right to take the law
into his own hands. In fact a penalty
has been prescribed by our statutes
against any person who shall rescue
any beasts impounded for any cause
and the defendant in any action
brought against him for rescuing such
beast would not be allowed on the
trial of the case to show that the an
imal was illegally impounded. So adj
wise you, that while there is no evidence
that this animal was legally impound-
ed, cannot advise you that this respon
dent would have been justified in
taking the animal by force from the
pound. But if you shall find, as is
claimed here by the respondent, that
all effort on his part to open the door
Of the pound had ceased when Finlay
appeared upon the scene and upon the |
ground, then any previous conduct by
this respondent in attempting to open
the door, forcibly or otherwise, would |
not Justify Finlay il making any as
sault upon this respondent You will
look over the evidence, gentlemen, and
zee how il was upon that point.
Now gentlemen, there is very little
more necessary to be SAID in this case.
The respondent has offered evidence
here tending to show his good char
acter This Is always competent in
n criminal case. 1t is a matter to be
taken and weighed by the jury The
object and purpose Of the law is, that
when a man.is charged with crime
he may throw into the scale of evil
dence hissprevious character. In a case
of this kind, for instance, where re-
spondent is charged with a VIOLENT act,
like shooting another, he may offer ev-
idence tending TO show his peaceable
disposition and manner of life the
theory of the..law being that men do
not break suddenly from good conduct.
Yet it is a question for the jury. Some
men do break over, and if You find the
guilty in this case of hav-
ing taken the life of this man without
justification by way of self defense, 1T
would be your duty TO convict him,
however good his previous character
may have been. But AS bearing upon
the question Of guilt, and as evidence
in the case, ! advise you that ev
idence OF good character may be con-
sidered in all cases where crime is
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