The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1915-07-02

ant drew his gun and two shots were
fired by the deceased and four by the
defendant, resulting in the death OF
the deceased. The defendant insists
| that he was struck with knucks, and
sometime after the tragedy, perhaps
nearly an hour, pair of knucks were
found at the place the deceased fell
No one says deceased did not use
| knuckS on this occasion, but whether
he used knucks or not, makes little
difference so far as the right of the
defendant to defend himself is con-
cerned, because the difficulty was COM
menced by the deceased and before
the defendant drew his revolver, de-
ceased was pointing his revolver at
the defendant Of course, a loaded
revolver is deadly weapon. All of
the eye witnesses to the tragedy agree
that before the defendant got his
gun, or attempted to get it, deceased
had his gun out directed at the de-
PENDANT. Some of the witnesses say
that the deceased fired the first shot
which struck the bottle of Castora
which the defendant had in his hand.
Others say that the defendant fired
the first shot Other eye witnesses
say that the shooting came in such
Succession and lasted such a short
time that it was impossible for them
to say who fired the first shot Ii
makes little difference, so far as the
right Of the defendant to defend him
self is concerned, who fired the first
shot, because the defendant had been
assaulted and he had the right to be-
lieve when the deceased drew his pis-
tol and pointed it at him that the de-
ceased intended to shoot, and # he
did so believe, the defendant had--1
right to shoot and to take human life
in order to save his own life or to pro-
tect himself from great bodily har
In view of the fact that this tragedy
was witnessed by great number Of
reputable citizens, and in view of the
fact that practically all of the wit
nesses agreed on all of the essentials,
| see no chance for development
of any subsequent facts, that would
change the situation. 1t is quite clear |
that the defendant could not be law
fully convicted under the facts and |
disclosed by the
nesses. | commend the officers for
their prompt and efficient work in in
vestigating this tragedy, and l find |
no fault with the coroner's jury or
the justice of the peace who bound the
defendant over to await the action of |
the Circuit Court. 1t is always best |
for them to so act in a tragedy like
this, where they are in doubt as to
what they should do, and especially
when such action is taken before .
complete investigation has been made.
"The deceased was personal friend
bf mine, and | thought a great deal
Of him. He was a splendid man, and L
a good citizen. He must have been 1
greatly disturbed and worried for
some cause, which perhaps we shall
never know. Just what the condition 1
Of his mind was at the time, we shall Il
never know. If the testimony were
not conclusive as to his conduct on
the occasion of the tragedy, it would 4
be difficult for me to believe that he
acted as the testimony of all the wit
nesSes show he did act. Some say N
that they do not believe the deceased
ever intended to kill the defendant.
This, perhaps, due to the good name
and reputation that he had But
he did intend to kill or not,
his acts were such as to Justify the
defendant in the belief that he did in
tend to kill. To me this is a very sad II
case, as both parties were good men,
and gloom and distress has been
brought to the relatives and friends
IF both parties.
Gentlemen, my duty is very clear
to me in this case. 1t becomes my
luty under the law to discharge the
defendant and an order will be made
accordingly"