St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1917-07-21

the law, but not in a miscarriage If
justice. That Moore had testified
that he saw Birch practically run
ming out to the defendants home
and Raymond, that Birch was run
ming out of his home. Jennie Doyle
said the shooting was done in the
door. She could not have seen the
shooting unless he stuck his body
out of the door. The angle of Tile
gun was slightly downward accord
ing to the testimony of DR.. eau
treaux, DR.. Bullcch and Mr.. Poole
Had he fired the shot from the
steps the wound would not have
been slightly downward but would
have had positive slant at the angle
at which the gun must have been
held. But the fact was, that as MIR.
Birch rushed forward he was incl IL
ed forward in a position to cause "a
wound of the description given by
the physicians. That he was in fact
shot as he took the second step into
the door.
Referring to Mr.. Ponder's remarks
as to Mrs. Birch, Mr.. Morgan said
that the time would never come
when Lewis Morgan would be found
casting slurs at mothers love for
her child. That the grandest, most
noble sentiment in the human heart
is the love of mother for her child
That Ezell was defending himself
in his own home. That self-defen3e
was one of the dominating instincts
of manhood. II man of superior
strength attacked you, would You de-
fend yourself or would you allow
him to brutalize you like cur dog.
That whenever this right to protect
ones self is prob bited, the law will
sink and crumble into common
ruin.
Mr.. Morgan spoke from sS:40 to
$3.50 o'clock.
District Attorney Vol Brock.
District Attorney Brock closed the
case.
IIe said there were but three
theories: First, that Birch stood
four feet from the steps when he
was shot. Second, that he stood on
the second step, as defendant said
when on the witness stand; Or third,
that he was in the room when shot.
Which is mots reasonable?
Is it not reaylhable to suppose he
was shot inside the room, when the
bullet broke off piece of rib and
ranged downward?
Why should Jennie Doyle wish to
convict an innocent man? You
know that this witness was away in,
Baton Rouge, and her absence de-
layed the case one day. Does not
every act of that witness go to show
that she did not wish to testify?
Was her statement reasonable
statement. Birch was four feet
from the step, where he fell
That Ezell was shorter in stature
than Birch, still the bullet ranged
downward.
He said it hurt him to prosecute
this case, becaues the defendants
wife had been known to him as
school girl. He felt for her as any
other person would feel for her
nothing but sympathy. But the de-
PENDANT was guilty and should be
punished.
The Charge to the Jury.
Judge Carter then read the charge
to the jury. The charge covered
every point that could arise. The
part that especially applies to this
case is embraced in the following
extract from that charge:
The killing of a human being is
justified when committed by any
person to prevent death or great
bodily injury being committed upon
him. Homicide can he excused or
justified upon the ground of neces-
sity alone. The necessity must be
apparent, actual and imminent or the
defendant must from all the circum-
stances have honestly believed It to
- %. In other words. the defend
mt may sa1ely oct lon 0ppoa11