The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-15

juror or to hold him accountable for his
conduct as a juror is himself guilty of a
| high crime and is punishable severely.
So you will consider this case without
regard to what any person or persons may
| think or say of your verdict. And you
should act with the knowledge that not
only can you be held accountable for any
proper verdict you may render, but that
the law will protect you and punish any
person who shall endeavor to modest you
or to hold you accountable for your con-
duct as jurors In discharging your duty
as jurors, you should remember the oaths
you were required to take. the evidence
In the case, the law as laid down to you
by the court, and from these arrive at Il
verdict, and for that verdict you cannot
be held to account by any human power
THAT is the law, gentlemen. That is
necessary to protect the trial of cases by
jury.
" The State has announced that upon
the evidence it will not ask for a Verdict
of murder in the first degree, therefore
this charge is eliminated from the case.
Il have given you that.
I" If the jury finds from the evidence
that the defendant was assaulted by the
deceased in such way as TO induce III the
defendant reasonable belief that he was
actually in danger of losing his life or of
suffering great bodily harm, then he was
excusable in defending himself, whether
the danger was real or only apparent
Actual or positive danger is not indis-
pensable to justify self-defense. The law
considers that men, when threatened with
danger, are obliged to judge from appear
ances and determine therefrom as to the
actual state of things surrounding them;
and, in such cases, if persons act from
honest convictions, induced by reasonable
evidence, they will not be held responsible.
criminally, for a mistake as to the eX-
tent of the actual danger
""That l conceive to be the law and ]
give it,
eff the jury shall find from the evil
dence that the deceased struck the de-
fendant nearly knocking him down, and
Immediately sprang back about eight
feet, and then advanced two feet towards
him with his left hand upon his hip peck
ct, where he had loaded pistol, the
jury will be warranted in finding that the
defendant was in real as well as apparent
danger of his life or great bodily harm
and if, under these circumstances, he
drew his pistol and killed the deceased be-
fore he could draw his pistol, he was
justified in so doing and must be az
quilted
+" If the jury shall find that the sec
ond shot was fired Immediately after the
| first, or that when the second one was
| fired the deceased still had his hand on
his hip pocket and the defendant reason
ably apprehended that he was about to
draw his pistol and shoot him. and acting
upon this apprehension, he shot the sec
ond shot, and the said shot killed the
deceased the defendant was justified IN
so doing
Not justified but 'excusablc' in so
doing.
"'In considering whether the defend
ant was acting in self-defense, you must
consider how the circumstances appeared
| to him at the time he fired the shot. If
the appearance of Mr.. Skinner and his
conduct were such as to lead a man of
reasonable courage and judgment to be-
| lieve that he was about to be attacked
with deadly weapon and that he was in
| immediate danger of receiving great
| bodily harm or death then the defendant
was justified in using whatever force
even to the infiction of death, if it rea-
sonably appeared to him necessary to
save himself from death or great bodily
harm. And this is true, even though the
deceased did not intend to attack the
| defendant with deadly weapon The
| law gives a person confronted with these
| circumstances that right to act upon
appearances, because, if he waits to see
whether his assailant really intends to
shoot him or not, it would be too late
after the shot were fired then to defend
| himself. SO l charge you that, if the
conduct and manner of Mr.. Skinner were
such as to make a man of reasonable
judgment and courage believe he was
about to be attacked with a deadly wear-
on and the defendant fired under these
| circumstances, reasonably believing that
| he was about to be attacked with a
deadly weapon, and fired 10 save himself
| from what he honestly believed to be
death or great bodily harm, then he is
excused and you should not find him
guilty even though you believe that Mr..
! Skinner did not intend to shoot him.
"'That there is no evidence the defend
ant was seeking the deceased before they
met in front of the postoffce.
Nov, gentlemen, when you go to re-
tire you must consider all of this evil
dence according to your own recollec-
tlOn Cf II. Wnere may give 1t TO you
and my account differ from your recollec-
ton, you must disregard it; and where
your recollection differs from the reco-
lection of it as given to you by counsel
| for the defendant, you must disregard
their recollection of it and rely on yours;
and so with the counsel for the State;
because you, as / said before, are the
sole judges of what the witnesses said,
and the sole judges of how much faith
must be put in their testimony.
You can retire and consider your
verdict. If you find the defendant not
guilty. that should be your verdict-not
guilty. IF you find him guilty of man
slaughter, your verdict should be not
guilty of murder but guilty of man
slaughter. If you should find him guilty
of murder in the second degree, you
should say not guilty of murder in the
first degree but guilty of murder in the
second degree.
rs there anything l have left out that
either side desires me to call the atten-
ton Of the jury to?
take the case, gentlemen, and con-
slider it, and say how you find the de-
| PENDANT.
The charge had occupied fifty-five min