510 Slide – American State Trials 1918 Volume X Leo Frank Document

478 X. AMERICAN STATE TRIALS.

‘Where a known felony, is attempted upon the person, be
it to rob, or murder, here the party assaulted may repel force
with force, and even his own servant then attendant on him,
or any other person present, may interpose for preventing
mischief, and if death ensues, the party so interposing will

- be justified —In this case nature and social duty co-operate.’’
Foster 274. Hawkins, P. C, Chap. xxviii, See. 25, towards
the end, ‘‘Yet it seems that a private person, a fortiori, an
officer of justice, who happens unavoidably to kill another in
endeavoring to defend himself from, or suppress dangerous
rioters, may justify the fact, inasmuch as he only does his
duty in aid of the public justice.”’ Section 24, ‘‘And I can
see no reason why a person, who without provocation is as-
saulted by another, in any place whatsoever, in such a man-
ner as plainly shows an intent to murder him, as by dis-
eharging a pistol, or pushing at him with a drawn sword,
ete, may not justify killing such an assailant, as much as if
he had attempted to rob him: For is not he who attempts
to murder me more injurions than he who barely attempta to
rob me? And ean it be more justifiable to fight for my goods
than for my life; and it is not only highly agreeable to reason
that 2 man in such circumstances, may lawfully kill another,
but it seems also to be confirmed by the general tenor of our
law books, which speaking of homicide se defendende, sap-
pose it done in some quarrel or affray.”’ ‘‘And so perhaps
the killing of dangerous rioters, may be justified by any pri-
vate persons, who cannot otherwise suppress them, or defend
themselves from them; inasmuch as every private person
seems to be authorized by the law, to arm himself for the pur-
poses sforesaid,’’—Hawkins, p. 71, Sec. 14. Here every pri-
vate person is authorized to arm himself, and on the strength
of this authority, I do not deny the inhabitants had a right
to arm themselves at that time, for their defense, not for
offense, that distinction is material and must be attended to.
Hawkins, p. 75, Sec. 14. ‘And not only he who on an as-
sault retreats to the wall or some such strait, beyond which
he can go no further, before he kills the other, is judged by