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

ftfiuicuCt suutultltu w luu AAiot WAC
defendant shot Robert Finlay on the
third day Of August last in the city
Of Crystal Falls. and that Finlay died
from the effects of the wound then
inflicted by the defendant, and that
the defendant had no reasonable APP
rpehension of danger at the hands Of
the deceased. or that he was in no
peril Of great bodily harm then the de-
PENDANT should be found guilty Of man
laughter as charged.
Again if you find that the defendant
fired the shot into the body of Finlay
and that within two days he, Finlay,
died from the effects Of the shot and
that at the defendant did not at the
time of firing the shot entertain fear
Of death or great bodily harm at the
hands Of the decease, then the defendant
is guilty OF manslaughter as charged
in the information. and yon should so
lind.
On the part 70 the respondent, and
along the line Of self defense, further
advise you that it is not always the
person who strikes the first blow who
makes the assault Now gentlemen,
what is an assault? An assault is an
offer or threat Of violence to the person
of another with the present means Of
carrying the intent into effect. And
if within striking distance Of the re-
spondent, Finliy threatened to strike
the respondent and stepped in front
Of or towards the respondent, appar-
emily for the purpose Of striking him
and the respondent thereupon struck
Finlay, the assault was commenced
by Finlay and not by the respondent.
Z In other words, gentlemen, an as
sault is an attempt with force and
violence to do corporeal hurt to anoter,
being in position to do il. And if
You should believe the claim Of the
defendant in this case that Finlay
approached him with both Of his fists
clenched as he displayed his fists
here before you. ana that the defend
ant retreated and as he claimes, then
I advise You that if that was all there
were TO it, the assault was made by
the man whom first approached in that
fighting attitue. An if you shall say
that Finlay approach him in that man
ner that would Justify a battery. A
man need not stand by until ne is ac-
tually shot or injured He has right
to defend himself from the start /;
defend himself by using force as a.
gaiust force. But ii does not alwas fol-
low that where one is approached with
clenched fists that would Justify the
opponent in shooting him down but
he may apply force it would Justify a
battery to defend himself
If the respondent was in fault in
bringing on the difficulty or if he com
menced the assault or ARRAY in which
Finlay was shot yet If at any time
after the commencement of the ARRAY
and before the shot was fred. he en-
deavored in good faith to decline the
further continuance of the combat.
and by words or conduct gave notice
Of such desire to Finlay, and Finlay,
notwitnstanding such notice, continued
beating HIM, then and thereafter the
respondent had the right to act in self
defence, ia defence Of his life and
person as he would have had If the
difficulty had been brought on Or the
assault commenced By Finally
ANY serious bodily harm apprehend-
cd from felonious attack iustifes re-
sistance; and the person assaulted liz
not required to draw fine distinctions as
to the extent Of the injury likely to Dc
inflicted on him by an Infatuated or
reckless assallant the person assaulted
is authorized to act, and his actions
are judged in the light of the cir
cumstances as they appeared to him
at the time. We're man charged
with a crime to be held TO the knowl-
edge Of all the facts precisely as they
are, there would be few cases in which
the most innocent intention or honest
zeal could justify or excuse homi
eide. The jury, by careful sitting of
the witnesses on both sides in cool
blood, and aided 10y the comments Of
the court and counsel, may arrive ut
a totally just conclusion of the circum-
stances Of the assault but the prisoner
who has to justify himself, can hardly
be expected to be cool in deadly
ARRAY, and cannot well see the true
meaning Of all that occurs at the time
SO the necessity for taking the life
Of the deceased need not have been
one arising out Of actual or imminent
danger in order TO excuse the respond
ent. because the respondent was EN-.
titled to act upon belief arising from