case--an old man without means of defense, fastened in a
sitting posture by the table at which he sat and the chair he
occupied, already smitten with one severe blow and about to
receive another more severe from a notorious ruffian who had
publicly avowed his intention to slay him--no one surely can
deny that the peril threatening Judge Field was both actual
and urgent in the very highest degree.
"A man may repel force by force in the defense of his person,
habitation, or property, against one or many who manifestly
intend and endeavor by violence or surprise to commit a
known felony on either." "In such a case he is not obliged to
retreat, but may pursue his adversary till he find himself
out of danger; and if in a conflict between them he happens to
kill, such killing is justifiable. The right of self-defense
in case of this kind is founded on the law of nature, and is
not, nor can be, superseded by any law of society. Where a
known felony is attempted upon the person, be it to rob or
murder, the party assaulted may repel force by force; and
even his servant attendant on him, or any person present, may
interpose for preventing mischief, and, if death ensue, the
party interposing will be justified." (Wharton Amer. Crim.
Law, Vol. 2, Sec. 1019.)
This is the law, as recognized at the present day and
established by centuries of precedent, and it completely
exonerates Neagle--of course Judge Field needs no
exoneration--from any, the least, criminality in what he did.
He is acquitted of wrong-doing, not only in his character of
attendant servant, but in that of bystander simply. He was
as much bound to kill Terry under the circumstances as every
bystander in the room was bound to kill him; and in his
capacity of guard, especially appointed to defend an
invaluable life against a known and imminent felony, he was so
bound in a much greater degree.
"A sincere and apparently well-grounded belief that a felony
is about to be perpetrated will extenuate a homicide committed
in prevention of it, though the defendant be but a private
citizen" (25 Ala., 15.) See Wharton, above quoted, who
embodies the doctrine in his text (Vol. 2, Sec. 1039).
* * * * *
Let us be grateful from our hearts that the old Mosaic law,
"Whoso sheddeth m
|