The Denver star., 1917-03-31

IEulLL CdSS WIS us IOtlOWSs
Gentlsmen of the Jury-The defendant
he.e. Levi Pruitt. Ia charged with having
on the sd day of February. A. D. 1916. At
the city Of Detroit. county Of Wayne,
state of Michigan, feloniously. wilfully
and with malice aforethought did kill and
murder one Charles Nielands. contrary to
the form Of the statute. 1.-THE court here
defined murder and its several degrees
and also the crime OF manslaughter. Con-
tinuing. he said: Now, gentlemen of the
Jury. you are the sole Judges OF the facts
In this case. and 1t 10 for you to deter
mine what weight and credit shall be
given to the Testimony adduced In this
case. I want to make this observation,
gentlemen, In this case: The administra-
ton Of the law iS presumed and Is to be
impartial. Every man stands equal before
the law, and every man ought to be equal
before the court and the jury. The purity
OF the law Is not only In tts proper con-
ception Of right and wrong and proving
the line. of demarcatfon between right and
wrong. but lies also In its just admins
tration. 1t has been said that "1ustice II
blind" The meaning of that proverb 10
that Justice can see nothing except justice
and am calling your attention to these
few general principles because l want you
to preserve. II you can. in this case the
purity unsullied OF the administration Of
the law.
We are all human, and We all more or
less have prejudices, and perhaps the dis
tinction between a learned and unlearned
man Is not only what he knows of the
general affairs of mankind. but 1t Is his
ability to disarn himself Of the prejudices
that are natural in ordinary human ma
ture. Tho defendant in this case 10 a
black man, but he ia a human being. He
has the powers and privileges of a white
man. and he stands before the law with
his burdens the same as white man and
Av,tt t1AA - A~A
rules and the Same procedure in ad1udi-
eating his rights as that of a white man.
I say this because. we are all human. and
We all have our prejudices and ] want
you. gentlemen. to place Yourself in his
position and then consider II this defend
ant were a white man instead Of n black
man. / think you should put yourself In
this position: that this defendant is sim
ply man. neither black nor white. in this
court, and In relation to the administra-
ton Of law in this court he should be 30
treated.
want to talk to you about this case.
not to review the testimony, but to point
out to you what consider the issue IN
volved and to carry you along in that wa,
with the hope of disarming you of any
prejudice you may have against this de-
fendant on account of his color. / know
you are sworn In this matter to render
true and just verdict. and what say has
no reflection upon any gentleman, but
make this statement moro In reference TO
n general reflection upon the human race.
which has not arisen. perhaps. In our per-
sonaI attitude to the high ideals Of the
law. before stated.
The defense in this case Is that the do
fendant shot the deceased In self defense.
That Is proper defense, and II is a de-
fense which, If proved to you-and you
have right and I, is your duty to caro-
fully weigh all OF the testi'nony-and II
you believe the testimony In behalf Of the
defendant that the act of shooting was In
self defense. you have the right. and !
say 1t is your duty to acquit this defend
ant
l charge you that 1t was the duty of this
defendant to avoid killing or shooting the
deceased IL he reasonably could do 30.
lie would be only justified In taking this
life In order to save his own life or to
save himself from great bodily harm.
Now. gentlemen OF the jury, II you be-
Iieve In this case that this defendant had
an opportunity to retrent without fear OF
his own life or without fenr of great bod
lily harm. then you may convict him; ana
II you believe this situation existed be-
yond a reasonable doubt you should con-
vict this defendant.
think. however. gentlemen Of the jury.
that ought to say to you that II you do
convict this defendant that the Greatest
crime you could convict him OF would be
manslaughter. considered from tho theorr
and of all the evidence adduced by the
prosecution.
However. if.you believe this defendant'.
story that he was approached by tho de
ceased In the manner which has been tcs-
titled to by himself and other witnesse.
and that Nielands was the aggrcssor ano
had hatred In his heart for colored men
that he went out for tho defendant In thu
manner In which It has been testified to.
that he was large man: that he was All
ugly man and that he had q blackjack OF
weapon which under the law OF this state
he was prohibited from carrying as con-
cealed weapon. and that tho assault took
place as It Is said II took place, in sub
stance. and that defendant retrentcd as
far as-he could with safety to himAelf and
that he retreated as far ~ he could re-
treat to his home and that he shot this
man in defense of his person or in defense
Of hls life. then 1t IL your duty. gentlemen
Of the jury, to acquit this man.
Now, gentlemen. you are not to Judge
this defendants actions at the time OF the
assault in your calm and deliberate me-
ments: you arc to place yourself In the
position, as It were. Of the defendant him
self at the time Of tho trouble and ask
yourselves what you would have done. or
what the ordinary man would have done.
considering the weakness OF human ma
tura with the temperaments and conflict
ing emotions that men have, with his edu-
cation and with his ability OF discern
ment. In arriving at . conclusion ~ to
whether the defendant In this case was
Justined in taking the life Of Nielands in
defense Of his life or his person think.
- said. you ought to consider the
weight ee the defendant. You ought TO
consider the weight and strength Of the
deceased. You ought to consider his be-
Ing armed with blackjack or the weapon
which was described here. Those are all
matters you ought to consider In arriving
at the question as to whether this defend
ant was justified In the extent of his de-
fense. While you are doing that. gentle
men. let mo remind you again. while you
are reviewing this case Just obliterate the
color of these mon.
Slack. School Of oonss.tie Science.