The forum. [volume] (Springfield, Ill.) 1904-192?, 1917-04-07

tinuing in sG,se such capable and fair
minded man as Judge Jen'ries.
His charge 90 the jury in the Levi
Pruitt case was as follows:
Gentlemen of the Jury-The defendant
here, Levi Pruitt, is 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.l Con-
tinuing, he said: Now, gentlemen Of the
jury, you are the sole judges Of the facts
In this case, and It is for you to deter
mine what weight and credit shall be
given TO the testimony addueed In this
case / want to make this observation,
gentlemen, in his 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 its proper con-
ception of right and wrong and proving
the line of demarcation between right and
wrong but lies also In Its just admins
tration. 1t has been said that Justice Is
blind" The meaning of that proverb is
that justice can see nothing except justice,
and l 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 It is his
ability to disarm himself of the prejudlces
that are natural in ordinary human ma
ture. The defendant in this case is
black man, but he is 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
entitled to the same uses and the same
rules and the same procedure in adjudi-
eating his rights as that of a white man.
l say this because we are all human, and
we all have our preiudices and ] want
you, gentlemen, to place yourself In his
position and then consider IL this defend
ant were a white man instead of black
man. / think you should put yourself In
this position: that this defendant is sim
ply a man, neither black nor white, in this
court, and In relation to the admin ira
ton of law In this court he should be so
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 way
with the hope of disarming you of any
prejudice you may have against this de-
PENDANT on account of his color. l know
you are sworn in this matter TO render a
true and just verdict, and what say has
no reflection upon any gentleman, but
make this statement more In reference to
a general reflection upon the human race
which has not arisen, perhaps. in our per-
sonal attitude to the high ideals Of the
law, as before stated.
The defense In this case is that the de-
PENDANT shot the deceased in self defense.
That Is a proper defense, and 1t is de-
Tense which, IL proved to you-and you
have right and it is your duty to care
fully weigh all of the testimony-and If
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 aequit this defend
ant.
! charge you that 1t was the duty of this
defendant to avoid killing or shooting the
deceased II he reasonably could do so,
He 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 or The jury, II You be-
lieve in this case that this defendant had
an opportunity to retreat without fear of
his own life or without fear of great bod
lily harm. then you may convict him; and
if you believe this situation existed be-
yond a reasonable doubt you should con-
Wet this defendant
/ think. however, gentlemen of the jury,
that l ought to say to you that IL you do
convict this defendant that the greatest
crime you could convict him of would be
manslaughter. considered from the theory
and of all the evidence adduced by the
prosecution.
However. If you believe this defendants
story that he was approached by the de-
ceased In the manner which has been tes-
titled to by himself and other witnesses
and that Nielands was the aggressor and
had hatred in his heart for colored men
that he went out for the defendant in the
manner In which 1t has been testified to;
that he was a large man; that he was an
ugly man and that he had a blackjack or
weapon which under the law of this state
he was prohibited from carrying as a con-
cealed weapon, and that the assault took
place as 1t is said 1t took place. in sub
stance, and that defendant retreated as
far as he could with safety to himself and
that he retreated as far as he could re
treat to his home and that he shot this
man in defense of his person or in defense
of his life. then 1t is 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 mo-
ments; you are to place yourself In the
position, as it were, of the defendant him
self at the time of the trouble and ask
yourselves what you would have done. or
what the ordinary man would have done,
considering the weakness of human ma
ture, with the temperaments and conflict
ing emotions that men have, with his edu
cation and with his ability of discern
ment. In arriving at a conclusion as to
whether the defendant in this case was
justified in taking the life Of Nielands in
defense Of his life or his person l think,
as l said, you ought to consider the
weight of 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-
Tense. While you are doing that, gentle
men, let me remind you again, while you
are reviewing this case Just obliterate the
color of these men.
Blacks School of Domestic Science.
Plans are being perfected by Harry
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