The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-16

language Of the law; that decision is not
yet published. 1t was rendered only a
few weeks ago. The act must have been
committed in cold blood, there being no
anger or resentment caused by provoca-
ton, no feeling aroused by provocation
that put in motion the mind OF the de-
fendant to commit the fatal act. 1t must
not have been done through a proVocation
presently given and presently operating.
Whenever a homicide IS committed from
an impulse excited by proVocation i'm
medlately given and presently at the time
of the striking of the fatal blow, the dc
PENDANT is not guilty of prcmedltated muir
der. nor is he guilty Of murder IN the
second degree, because there Is the NOV
ing cause presently melting to the act; it
would be only manssHughter. And If 1t
could appear that there was d reasonable
apprehension Of Il further assault and it
should appear that il was necessary to
disable his adversary the act would furth-
er be reduced and the test OF necessity Is
the reasonableness of the apprehension.
That makes our case, that IS the case
we are going 10 make before the jury. We
do not fear this trial before 4 petty jury
because We have other shots IN the locker.
1t Is unnecessary Tor Us to insist now
upon that phase OF the case because bill
has been found and we merely mention it
and insist upon it now to offset the guam
tum ot bail. Now a few words as to the
facts and | have done. Now II your Hon
Ors please, we assume without fear of
contradiction that it has been proven be
yond a reasonable doubt by the evidence
hat the deceased assaulted the defendant.
struck him a blow on the right side CT the
temple and knocked him down before the
defendant fired the first shot. We say
that has been proven out OF the mouths
OF witnesses whose characters, excepting
the witness Hocutt, have not been i'm
peached, and whose characters cannot be
impeached, but IN the full assurance of
your HOnors that these men are 10 be
credited without hesitation, without
doubt: we produce an array OF witnesses
to establish and to prove their good char
acters with MI. Simms at their head.
showing them to be men OF some condition
IN the estimation OF their fellow citizens
IN the community, that they might Justly
be credited by anybody. [ notice In to-
days paper that Mr.. Simms has been
elected third vice-presldent OF the Baracca
ASSOCIATION IN America. | believe that
that Is a Sunday school organization. At
the last meeting Of the State Sunday
School Convention he presided as presi-
dent. And then we produce a long list
OF witnesses who proved his character,
all OF them. whose words would be "receiv-
ed anywhere, on anything. come in and
testify that Mr.. Simms IS to be believed.
They certify him to your Honors as a
man whose words ought to be received
without question, and that is what a
proof OF good character means. He said
he saw the blow stricken and the man
knocked down and both shot were fired by
the time the man got to the middle OF
the street; struck him before Haywood
had SAID or done anything to invite the
assault. Immediately upon his recovery,
from apprehension of further assault or
from nge or pain, 1t does not matter,
but Immediately upon his recovery he
drew his pistol. small man that he IS.
which puts him upon an equality with