The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-06-02
This Morning Judge Fox Told
Jurymen That the Fright of
Defense Is Inherent" -
Right to Resist.
FRED KRONE IS FOREMAN
THlRTY-FIvE WITNESSES TO BE
EXAMINED BY THE STATE AND
INVESTIGATION WILL LAST THE
ENTIRE WEEK.

Was the chopping down OF their
fence q sufficient cause for Alexander
and Raymond Meek to assail Joel.
Frank and Larkin Railsback on the
morning OF May 10?
Upon the answer to this question
may depend the nature of the indict-
ment returned by the grand jury,
which today took up the investigation
OF the case. Or 1t may be the jury
will decide the murder was justifiable
as in defense Of life and not return
m indictment. That would mean the
justification OF Joel Railsback's part
IN the celebrated battle with guns as
the result of the line fence feud.
Courts instructions.
'The right Of defense is inherent"
said Judge Fox in his instructions to
the grand jury The court declares
II man In place where he has q
lawful right to be IL assailed without
good cause and under circumstances
leading him to believe life Is about to
be taken he has the right to resist
ind II life be taken he will be held
blameless. With such clause in the
instructions the case will rest solely
on the opinion OF the grand jurors as
to the cause leading the Meeks to
threaten the Railsbacks.
The grand jury as it began its ses-
eions was composed Of Fred Krone.
Jr., foreman, Joseph Outland, Charles
Davis, Casper Shafer. Otto H. Weber
and John W. Cook. About thirty-five
witnesses will be examined by the
state and 1t Is not probable the exam
1nation will be concluded before Sat
urday. Eight witnesses were summon
ed to appear today. Ray X. Shiveley
was this morning sworn in as a spec
ial deputy prosecutor and will assist
Prosecutor Ladd in the conduct Of
the case. The two will devote their
time almost exclusively to the case.
Greets His Parents.
When Joel Railsback, who is charg-
ed with murder. entered the court
room this morning he saw his aged
father and mother sitting there. He
hastily crossed the room and without
noting the other members Of the fam
fly who were present. embraced her,
kissing her on the lips. He shook
hands with his father and greeted
his brothers Larkin and Curtis cheer
fully. The other brother Frank. who
was injured by shot from Raymond
Meek's gun remains at the hospital
and was unable to be in court. Strong
ties OF affection have been displayed
by the brothers throughout the period
that has followed the shooting.
Young Joel sat with his attorneys,
Uessup and Jessup during the empan-
elling Of the jury. The court gave
him the customary privilege OF chal-
lenging any of the jurors, but he took
no exceptions. Joel Railsback does
not look the part OF criminal and
those acquainted with him have al
ways regarded him as quiet and peace
9ul unless inflamed by temper.
Court Urges Haste.
The court In his instructions smoke
OF the time of the year and need for
haste upon the part of the jury, so as
not tC keep themselves or the wit
nesses from their work longer than
necessary. The court told the jury It
will determine the indictment on the
question of the probable guilt and the
reasonable probability OF conviction
Of the charge by petit jury.
In hts instructions the cour. said,
also:
The right of defense Is inherent.
It extends throughout animated ma
ture, be II flesh. fish or fowl II 4
man is In place where he has q
lawful right to be and he or members
Of his family are without any good
cause or excuse threatened or assail-
ed by another in manner and under
such circumstapces as plainly indi-
cate to man Of ordinary caution and
prudence that life Is about to be TAX
en- or serious bodily harm inflicted
he may at once defend and in doing
30 may use such force and such
means as to him at the time. situated
RS he Is. seems reasonably necessary
for the purpose. and II in doing so he
takes the life Of the assailant the law,
regarding the infirmities OF human ma
ture. will excuse and hold him blame
less, providing he acts In good faith:
but the law. requires that his act