The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-09-23
IFATHER'S RIGHT TO.
KILL WAS UPHELD.
JUSTICE FURMAN HOLDS MAN
MAY DO so TO PROTECT HON.
OR OF DAUGHTER.


is upheld by the court of crimina
appeals in an opinion by Presiding
Judge Furman handed down Satur.
day reversing the judgment OF the
district court of Garvin county in
the conviction OF manslaughter of c.
VI, Litchfield.
In condoning the act of Litchfield in
killing C. M. Collins of Wynnewood,
the court quotes from the ancient
Jewish law which justified a homl-
eide when committed by a person to
prevent the commission of a felony,
but the manner in which this law
must be applied is carefully defined
in the opinion.
1t was brought out in the trial Of
the case, that Collins, who was a mar
ried man, had seduced the 16-year-old
daughtel of Litchfield upon a PROM
ise of marriage after he could get
ri of his wife" On The day of the
killing, after the daughter had been
found to be in a delicate condition,
she and Collins went to a lake near
| Wynnewood, and it was there that
the girls father came upon them and
fired the shots which killed Collins.
In testifying regarding what happened
just before the shooting, Litchfield
was asked what his condition of mind
was at the time he discovered his
daughter and Collins.
'If I had any, don't recollect it."
he testified
why do you say that you didn't
have any mind?" the prosecutor ask
ed.
We'll, it is something I can't ex-
press, | have no way of expressing it
at all. My feelings were--I was in
n state cf-I was almost unconscious
was in as bad a fix as could be-"
May Protect Daughter.
''As TO the reputation of the daugh-
ter, there was testimony to the effect
that she was not truthful there was
an attempt to introduce evidence
showing that her general reputation
was bad. but in this connection the
court holds that the truthfuness of
witness cannot be impeached by
proof of general bad character for
morality or by proof of specific acts !
tending to prove a want of morality. |
But leaving out the question of i'm
morality Litchfield did not claim that |
he killed Collins on account of the
previous seduction of his daughter |
nor did he offer any evidence OF the |
character of his daughter as a cir
cumstance of mitigation.
No matter how bad the previous !
reputation of Willie Litchfield NAV
have been they were still human be-
ings and she was his daughter" Judge
daughter is too weak to protect her
self upon what ground of reason. Jas
tce, humanity OF Law 2al It be con
tended that the strong arm of her
father may not be interposed in her
defense?"
The father who could witness the
dehauchcry of his daughter and not
rush TO her assistance would be a
base counterfeit upon true manhood's
coin Humanity, reason, justice and
the statutes of Oklahoma all give
to him the right and make it his duty
to act in her defense Immediately
and with the most effective means
at his command. He is not required
to take ont pencil and paper and fig
ure out as to whether he could pre-
vent the commission or the crime by
resort to some other means than
the instant killing of her as5arlant.
All that the law requires is that he
should act in good faith and upon
reasonable appearances of imminent
danger to her, and the law will hold
him guiltless. even though it may af
terward turn out that he might have
saved her h. pdrsuing some other
course. The right of a father to de-
feud his daughter is founded upon the |
law of nature and is not and cannot
be superseded by any law of society"
Cause of Insanity.
On the subject of insanity OF the
sort under which Ltchfield was Ia
boring when he killed his daughters
assailant, Judge Furman says. en-
sanity is one of the most mysterious
diseases to which human beings are
subject. 1t has its origin from q