Melville Fuller

“ And, if the circumstances show a killing 'with deliberate mind and formed design,'-with comprehension of the act, and determination to perform it, the elements of self-defense being wanting,-the act is murder. ”

“ The testimony of the accused did not develop the existence of any facts which operated in law to reduce the crime from murder to manslaughter.
The law in recon ition of the frailty of human nature, regards a homicide committed under the influence of sudden passion, or in hot blood, produced by adequate cause, and before a reasonable time has elapsed for the blood to cool, as an offense of a less heinous character than murder. But if there be sufficient time for the passions to subside, and shaken reason to resume its sway, no such distinction can be entertained. ”

“ If he believes that he is about to suffer harm from one who has attacked, if he bases that belief upon a previous threat, if he bases that upon previous personal encounters, if he bases that upon the known brutal character of the party, the law, out of tender consideration for the frailties of human nature, will permit him to act upon that belief and upon that understanding. ”

“ He testified, to be sure, that when he had armed himself, gone in search of the mate, and stood on the forecastle house ready to receive him, he thought the mate was going to use against him the marline spike which he had been using at his work in the rigging. and to protect himself against that marline spike, swung around the neck of a man standing three feet below him, the accused shot him down while he was asking for his life. It was, indeed, the duty of the mate to attack Andersen as he stood there with three pistols, fresh from the slaughter of the captain, and in open mutiny. ”

“ But where there is manifestly no adequate or reasonable ground for such belief, or the slayer brings on the difficulty for the purpose of killing the deceased, or violation of law on his part is the reason of his expectation of an attack, the plea of self-defense cannot avail. ”

“ He shot him several times,-the mate begging him not to shoot. Immediately after that he called up the sailors, and the body was thrown overboard.
It is true that a homicide committed in actual defense of life or limb is excusable, if it appear that the slayer was acting under a reasonable belief that he was in imminent danger of death or great bodily harm from the deceased, and that his act in causing death was necessary in order to avoid the death or great bodily harm which was apparently imminent. ”

“ A man is struck down, lies some time on the deck insensible, and in that condition is thrown overboard. The evidence proves the certainty of a homicide by the blow, or by the drowning, but leaves it uncertain by which. That would be a fit case for several counts, charging a death by a blow and a death by drowning, and perhaps a third alleging a death by the joint resuit of both causes combined.'
Com. v. Desmarteau, 16 Gray, 1, was an indictment for murder, containing three counts. ”

“ We are not insensible to the suggestion that persons confined to the narrow limits of a small vessel, alone upon the sea, are placed in a situation where brutal conduct on the part of their superiors, from which there is then no possible escape, may possess special circumstances of aggravation. ”

“ But the only ruling in this regard pressed on our attention is the alleged error of the court in instructing the jury as follows: 'The other felonious homicide to which I called your attention (manslaughter) is the unlawful killing of a human being without malice, either express or implied. I find it to be my duty, gentlemen of the jury, to say to you that if the defendant has committed a felonious homicide, of which you are the only judges, there is nothing before you that reduces it below the grade of murder.'
This instruction was similar to that given by Mr. ”

“ Saw the mate's gun lying on the shelf, and took it down: thinking that, if the worst came to the worst, he would have to defend himself. He finished the cabin, and started into the captain's room. The captain arose, and was about to assault him with a bottle, and he shot him. 'Then I thought about the mate. I ran into the captain's room then, and got his two guns.' He ran up on deck. Asked Lind where the mate was. Was told he was aloft. Looked up and saw him there, and called him down, or waited for him. As the mate came down, he asked Andersen where he got the guns, and where the captain was ”

“ Clair, that, by reason of the casting and throwing of Saunders into the sea as aforesaid, the grand jurors 'could not describe the said mortal wounds with greater particularity.'
In Com. v. Webster, 5 Cush. 295, the first count charged an assault and a mortal wound by stabbing with a knife; the second, by a blow on the head with a hammer; and the third, by striking, kicking, beating, and throwing on the ground. ”

“ Now, anything that bears upon what had taken place, so far as the mate is concerned, can go before this jury.' Exception was taken.
Counsel contiu ed: 'Q. You shipped on board the Olive Pecker some time in June, 1897? ”