The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-01-27
SelfDefenca

one know how far he may 60 In usin &
force against force in the defence Of
himself, his family and his property.
The right of self-defence will occur to
US as being natural right. One
could scarcely be expected when
attacked, either In person or In pro-
perty, to say IL will wait for the law
TO punish the aggressor," for the one
attacked has no means OF knowing
how far the attacking party may 70
10 the use Of violence, as he even may
20 to the extent of taking life.
Then, too, the law recognizes a
weakness In human nature-or shat
We call 1t strength rather, that I'M
pels one when attacked to defend
himself by the use OF force. Self
preservation Is truly the first law Of
nature.
, The law of self. defense is an old one
recognized from the beginning, 1t
extends not only to ones own person
out TO ones own family aud posses
,ions. The old law speaks OF mans
home as his castle" and gave him
the right to defend it, even 10 The
extent of taking life; with certain
limitations, which we will learn, that
right still exists.
or course there must be a limita-
tion Put upon the right Of self.defense
or it will be abused, and men, uCder
cover Of the excuse, that they were
put to an act of violence by necessity,
will cover up acts which are unjustih-
able and hence punishable. The law,
broadly speaking, limits the right TO
Cases where necessity exists, and IL
will only excuse man when he use,
that violence which under the circum
stances would appeal to d reasonable
mas as necessary for his self prOtec-
ton. Nor will court cOu pei him To
exercise the best of judgment at the
time, for it recognizes that when the
occasion for self. defence presents
itself, the mind of the one
attacked is more or less disturbed and
tue even balance of his Judgment
shaken; but where the means taken
to defend ones self are manifestly
more than necessary, as where one
slapped la the face draws a revolver
and kills, the act will be considered
unjusJitiable and the perpeUrator OF
It held to account; but If the person
attacked has reasonable grounds fUl
fearing that killing or felony s
Ueing attempted by the attacking
party, the defence may 60 to the ex-
tent uf taking life. 1t is well decided
that where one Is merely struck with
the fist and has no reasonable grounds
FOR believing that he is in danger Of
being killed or Of felony being com
mitted, his use Of a gun, or a knife,
Or deadly weapon Is uDjustifiable.
The fact That the person defending
himself was mistaken as to the In
Centions OF his assailant does not at.
feet his right to take life II there ap
peared to him at the time reasonable
grounds to believe that unless lie did
so he would be- killed or a felony would
be perpetrated against him. 1t has
been held that the mere fact that the
assailant put his hand In his pocket
was not sufficient to justify the TAX
ing OF the assailanJ's life on The
ground that the sssallaut was believ
Ell to be reaching for weapon.
Suppose that the person called upon
to defend himself had been himself
the provoker OF the quarrel or the
Immediate cause or the attack, would
his subsequent use of violent means
in self defense be justified under the
rules LAID down? The question has
arisen ia many cases and has usually
been decided 10 the negative. The
person himself must be free from
fault In order to justify himself for
killing another.
The cases go to the extent of saying
that anyone who brings on or pro-
vokes personal encounter can not
rely upon the plea OF self defense. We
can quickly see that if the law were
permitted to be otherwise one desr-
ing to kill another would only have To
provoke that other sufficiently to
cause him to use violence in order 10
take his life and escape the conse-
quences. The main question as to
whether or not the force used could
have reasonably been deemed neces-
sary is question to be left to the de-
termination of the jury in all cases.
1t is also of interest to ask whether
man attacked is bound to retreat. 1t
is quite well decided that when man
is attacked with a dangerous weapon
be must retreat as far as he can safe
ly do so before using like means in de-
Tending himself; but where the one