Semi-weekly herald., 1908-05-04

9 the word wiltuI as used In the tnfor
: nation and In these instructions
means Intentionally, that Is, not ac
ctdentaliy; deliberately means In i
! cool state OF the blood, that Is. not ir
the heat of passion; premeditated
: means thought of beforehand for any
, length OF time however short; heat
OF passion, as used in these instruc
tions, means condition of quick an
ger. or sudden injury, engendeTed by
real or supposed grievance suffered
at the time, and in order to reduce the
crime from murder In the first degree
10 murder In the second degree, the
killing must have been done upon the
instant and without deliberation.
20. Justihable homicide is the kill
ing OF human being In necessary
seli-defense, or in the defense Of hab-
itation. property or person, against
one who wrongfully intends or en-.
deayors by violence. or surprise to
commit known felony. such as muir
der. rape, robbery. burglary and the
like upon either person or property,
or against any person or persons who
manifestly intend and endeavor In
violent. riotous or tumultuous man.
ner to enter the habitation of another
for the purpose of assaulting or offer
ing personal violence to any person.
dwelling or being therein. A bare
fear OF the offense. to prevent which
the homicide Is alleged to have been
committed. shall not be sufficient to
Justify the killing. II must appear
that the circumstances were sufficient
to excite the fears of n reasonable
person, and that the party killing real.
ly acted under the influence of those
| fears, and not In spirit of revenge.
2l. II you find from the evidence
that the killing was done In necessary
self-defense. then the law does not
imDuto any crime, and the defendants
would be entitled TO an acquittal. The
law In such case is that II person
kills another In self-defense, it must
appear that the danger was so urgent
and pressing that, in order to save his
own life or prevent his receiving
great bodily harm. the killing must be
absolutely necessary, and II must
appear that the person killed was the
assaiiant.
%. The court instructs you that a
bare trespass against the property of
another Is not sufficient proyocation
TO warrant the owner In using a dead
ly weapon in its defense, and II he do
so, and with It kill the trespasser., II
VIII be murder The law does not
Justify the shedding OF human blood
to prevent slight injuries to the prop
| erty of others.
23, The court instructs you that 1t
is not always that the danger should
be real in order that a person may
Justify on the ground of self-defense,
but II the defendants. acting as rea-
sonable men. had reason to believe,
the life of either of them, were in
danger of receiving great bodily harm
at the hands OF the deceased. and,
acting under such belief, took the
life of the deceased, such act would
be justifiable. although 1t might af-
terwards appear that there was no
real danger.
"a. The court instructs you that
one who Is without fault and in n
place where he has right to be and
Is the unlawfully assaulted. he may,
without retreating. repel force with
force, and may go even to the extent
OF taking the life of his assailant. II
In repelling him he uses no more
force than Is reasonably necessary
In his own self-defense
25. The court inBtructs you that
homicide is also justifiable when com
mitted in the lawful defense of the
| slayer. or his wife. or child. or moth
er, brother, sister, master or servant,
or other person, when there is reason
able ground to apprehend that crime
is about to be committed against such
person and there is imminent danger
of the design being carried into effect.
and the same rules of law In such
case as given TO you in the instruc-
| lions on the law of self.defense. And
| II you find from the evidence that de
| fendant Joseph Vanderweide had rea-
sonablc ground to apprehend that the
| deceased was about to kill the de-
fendant Mason, or do him great bod
| lily harm, and there was imminent dan
ger of deceased carrying out such
purpose. then defendant Vanderweide
would be justified If he honestly act
ed upon such apprehension.
20. The court instructs you that II
you find from the evidence that the
defendant William X. Mason was.
at the time Of the homicide, the agent
OF The Porter Fuel company and at
said time went upon the lands Of said
company at the air shaft IN question
In lawful manner. without show OF
menace or violence towards deceased
and not for the purpose of provoking
q conflict with deceased, but for the
purpose of discovering and investi
eating what was being done thereat