Daily capital journal. (Salem, Oregon) 1903-1919, 1910-06-28

! gives the cltl8en the right TO stand
upon his individual rights, and use
force against force, to successfully
prevent the Attempted wrong, the
citizen whose liberty is thus unlaw-
fully assailed cannot only use force,
but can increase that force and con-
tinue to increase it even to the death
If necessary to prevent attempted
wrong and If he slay his adversary
he will be held excused. Otherwise,
the lawless aggressor, the vindic-
tive oppressor will be permitted to
triumph over the rights and liberties
of the citizen. Right will be made to
do homage to wrong, and look to flu
ture redress in the courts Of the
country. This is not American law.
The citizen has the right to maintain
his liberty at all hazards, against
any and all persons who attempt 20
invade it unlawfully, taking care not
rashly to use or resort to greater
violence than is necessary to its pro-
lection. Again, being in the right,
he is permitted to anticipate the ag-
gressor and prepare himself by draw
ing a weapon, or making other prep
arations, and, if his life is imperiled,
or he is in danger of serious bodily
harm, to use every means in the de-
fense of his person and liberty. He
is not required to permit his assail-
ant to take the lead, and thereby give
him the advantage, but, If the sur
roundings indicate a resort to serious
or deadly conflict on the part of the
adversary, he can prepare to meet it,
and If the adversary makes demon
stration upon his life or liberty, or
shows an intent to inflict serious
bodily harm upon him, he can kill
him, and be held blameless by the
law of the land"
Ross VS.. State, 10 Texas, and ex-
tract from appellants brief in case Of
State VS.. George Meyers.
Standing upon his right, as an
Inounced in the above decision-a
right guaranteed to every American
citizen, and recognized and promul-
gated by every learned court in the
land, George Meyers on the morning
of October 1, of last year shot down
and killed in front of the city hall
Night Patrolman Thomas Eckhart,
who had entered his room and ar
rested him when he had committed
no crime, without a warrant, and
was seeking to incarcerate him in
the city jail, without giving him an
opportunity to procure bail or COM
municate with his friends. Because
of that act he was arrested and dur
ing the January term of the circuit
court convicted of murder in the sec
ond degree, and sentenced to life
imprisonment in the state prison.
From this conviction his attorneys
prosecuted an appeal to the supreme
court of the state, and the argument
was made before the supreme court
this forenoon.
Wrangled Over Cushion.
George Meyers, on the morning Of
the tragedy, was doing quietly and
peacefully in a big arm rocking chair
in his own room over the Zinn con-
fectionery store. He had been rid
ing during the day, drank a little
during the evening, but not to any
appreciable extent. He went to his
room early in the evening, between s
and o'clock. Being fatigued, he
sat down in the rocking chair, and,
resting his feet on some cushions on
another chair, he fell asleep.
Shortly after midnight, brother,
Arthur Meyers, better known as
"Moley" Meyers, and who shared
the room with him, entered it, OBJ
serving his brothers feet on the
cushions which he said he "prized
highly" he became enraged and
aroused him, and a quarrel between
the two upon the subject ensued.
With the passion or anger leaplnB
hot in his blood, Arthur Meyers
rushed out of the room and down
upon the street 10 call an officer to
oust his brother from the room. He
found Night Patrolman Eckhart, and
told him he wanted him to take his
brother out OF the room, but he did
not want him arrested. When the
officer entered the room George Mey-
ers was asleep again, and, after
knocking his feet from the chair he
ordered him to accompany him.
Then Meyers Killed Him.
Complying with the officers re-
quest, Meyers arose from HIS chair
He asked II It's was raining. and up
on being advised by the officer that
he did not know, he picked up his
slicker, and, putting It on, started
down the stairway and on down the
street towards the city jail, AS they
were passing down the steps he
aekad fha omoer what the charges