The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1904-03-02

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ton and the killing. sufficient 70
the voice of reason and humanity 1,
be heard the killing shall be attribut
ea TO deliberate revenge and punished
as murder
For the Defense.
That If You believe from the cyl
ience in this case that ON the night OF
The Both Of September, 1908, the de-
ceased, Cornelius Sheehan, together
with Mike Egan, Wiliiford French and
lno. Bridges came into the place of
business of the defendant, Thos,
O'Neal and that the said Cornelius
Sheehan. Mike Egan and Jno Bridges
irst made an assault with the hands
on the said defendant, Thos O'Neal,
in his own house and that the said
rhos. O'Neal got loose from said Shee
han, Egan and Bridges and went from
;he hall of his building into his bar
room in the same building, and that
said Sheehan. Egan and Bridges were
in the act of following the said O'Neal
into the said bar room and that the
said O'Neal at the time he fired the
shot which hit the said Sheehan, had
l reasonable and well grounded belief
hat he was in danger of being killed
or OF receiving great bodily harm at
the hands of the said Sheehan and
Ggan then, and in such case the said
ONeal, being upon his own premises
vas at a place where he had a right
70 be and he was not required to flee
from the said Sheehan and Egan, or
Try to get out of their way for the pnr.
pose of averting a difficulty with
them but had right TO stand his
ground and defend himself to the ex.
tent OF taking their lives. Ii neces-
sary, If their conduct towards him
was such as to induce in him reason.
able and we'll grounded belief that h
was in danger of being killed by them
Or OF receiving great bodily harm at
their hands; and this is true even If
YOU should believe from the evidence
that the danger to the said O'Neal
vas not real, but was only apparent,
provided the said O'Neal believed and
had reasonable ground To believe that
ne was in danger Of his life or reeeiv-
ing great bodily harm.
That in this case the evidence
shows that Cornelius Sheehan was
shot by the defendant. Thos 0Neal,
upon the premises of his, the said
O'Neal. at a place whore he. the said
O'Neal had the lawful right to be,
and If you believe from the evidence
in this case that the defendant
0'Neal was first assaulted in such
4 way, by the said Cornelius Sheehan
and Mike Egan. as to induce in him,
the said 0'Neal, a reasonable and
gell-grounded belief that he was In
danger Of being killed or Of receiving
great bodily harm at the hands OF the
said Sheehan and Egan. and that
while acting under the influence OF
this belief the defendant shot and kill
"a the said Shechan. then aud in such
case the defendant was not required
to retreat or get out of the way OF said
Sheehan or Egan for the purpose Of
avoiding a difficulty with them; but
had right to stand his ground and
defend himself 10 the extent of taking
the lives of The said Sheehan and
Egan. il 1t appeared apparently neces
sary for him to do SO in order TO keep
himself from being killed or from re-
ceiving great bodily harm at the
hands Of said Sheehan and Egan; and
this IL true although You believe from
the evidence that he Was not in fact
in any actual danger from them, pro
vided he himself believed and had
reasonable grounds to believe, that he
was in danger of his life or of receiy'
ing great bodily harm.
That If, after considering the whole
evidence in this case You have rea
sonable doubt with reference 10
whether or not the defendant acted in
mis- reasonable and apparent self-de
tense IT will be your duty to find the
defendant not guilty. even If you now
believe from the evidence that the de
PENDANT was in no actual and positive
LANCER at the hands of the said Cor
lelius Sheehan and Mike Egan.
The jury have no right 10 disregard
he testimony of the defendant on the
ground alone that he is the defendant
md stands charged with a crime, The
aw presumes the defendant to be in
locent until he is proven guilty be
,ond a reasonable doubt; and the Law
FLOWS him TO testify In his own be
lalf, and the jury should fairly and
consider and weigh his
testimony. together with all the other |
violence in the case