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Full Title
Trial of Thomas O. Selfridge Attorney at Law before the Hon. Isaac Parker, Esquire for killing Charles Austin, on the public exchange in Boston, August 4th, 1806.
Contributor
Massachusetts. Supreme Judicial Court. Caines, George, 1771-1825. Lloyd, Thomas, 1756-1827.
Date Added
11 January 2014
Publish Date
1808
Publisher
Boston: Russell and Cutler, Belcher and Armstrong, and Oliver and Munroe.
Topic
Austin, Charles, d. 1806. Trials (Murder) > Massachusetts.
About
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Disclaimers
Disclaimer of Liability Disclaimer of Endorsement
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126 TRIAL OF T. ©. SECFRIDGE, ESQ.
“ his person from one who attempts to, beat him, (especially if
« stich ‘attempt, be made upon him in his own house) kills the
* person by whom he is reduced ‘to such an inevitable necessity.””.
From these two highly respectable: authorities, “it appears, that,
though nothing more be attempted than to do great bodily injury,
or even to'beat.a man, and there be. no possibility of avoiding ity -
but by killing the assailant, it is excusable so to do. When the
_ weight.and strength ot the cane,-or -rather. cudgel, whick the de-
_ ceased selected is considered, and the violence with whichit was.
used, can it be doubted that great bodily harm would have been
the consequence, if Selfridge had not defended himself ?: The dif-,
'’ ference between this weapon and the pistol-made use of -by the de-
fendant, perhaps, is greatly exaggerated by the imagination. The 7°
danger from the former might be nearly as great as from; the,
latter : when a pistol is discharged at a'man, in a moment of con-;
fusion and agitation, itis very uncertain whether it will take ef-
fect at all ;- and if-it should, the chances are perhaps four to one,’
that the wound will not be mortal. Still further; when the pis-: .
tol is once discharged, it. is of little orno use ; but witha cane 2..
man, within reach of his object; can hardly miss him ; and if the
first blow should prove ineffectual, he-can repeat his strokes until.
he has destroyed his enemy. 2.0: es
+ If it were intended to excite contempt for the laws of the coun-’
try,a more effectual method could hardly:be taken, than to tell
a man, who hasa soul within him, that if one attempts to rob him
of. a ten dollar bill, this is a felony ; and therefore esteemed by
‘the law an injury of so aggravated a nature, that he- may:
Tawfully kill the aggressor ; but that, if the-fame mam should.
whip and kick him on the public exchange, this is only. a trespass, -
to which he is bound to:submit rather than put in jeopardy the
life of the assailant ; and the laws will recompense him in dam-
~ Imagine, that you readin a Washington newspaper, that on a
certain day, immediately on the rising of Congress, Mr. A. of
Virginia, called Mr. B. of Massachusetts, a scoundrel, for voting
against his resolution ; and proceded deliberately to ‘cut’ off his
ears... Mr. B. was armed with a good sword cane, but observed,
that his duty as a citizen forbade him to endanger the life of Mr.”
A. for, that cutting off a man’s ears was by law no felony ; and’
he had-read in law books that courts of justice. were the only’
proper “ vindices injuriarum,” and that he doubted not, that by
-means of a law suit, he should obtain a reasonable compensation -
‘for his ears... What are the emotions: excited:in your‘ breasts: at >
‘this supposed indignity and exemplary patience ‘of the representa: .
-tive.of your country? Would you bow to.him with profound re-.
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