The Right to Shoot Burglary

Auckland Star, Volume XXV, Issue 30, 3 February 1894, Page 2 (Supplement)

The Right to Shoot Burglary

The 'Saturday Review,' in an article on the theory as to the right or otherwise of householders to shoob persons whom they find occupying: their premises, after * folonicus breaking and enbry, especially »» nighb, says : — Justice Grantham mast clearly be enrolled among the followers of the late Justice Willes; and who could D 8 in a better following ? The story told w that great man and very learned judge a related by an eye-witness to the f°l'°*M effect, justice Willos was a9kod> M™/ look into my drawing-room and Bee » burglar packing up the clock, and ho cannot see me, what ought I to do?' Ho replied, as nearly as may be, •My advice W you, which I give as a man, as a lawyer* and as an English judge, is as follows :-*l» the supposed circumstances this is wbw you have a right to do, and I affi by n" means sure tbnb ib is nob your dufy to <jo it. Take a double-barrelled gun, carefnlif. load both barrels, and bhen, without attracting the burglar's attention, »"» steadily ab his hearb and shoot him dead. Jusbice Grantham had no occasion to commit) himself so far or so picturesquely'M this, because in the case before him raw. burglar did nob die ; but ib iB clear that v he had died it would have made no dimenceto the lawfulness of the householder» shooting. It may be said that, in a genew way, the existence of the circumstances which justify the killing of a felon by" person who is nob a constable must m* question of facb for the jury. According to Sir James Stephen, a burglar, or other felon, maybe killed either if^^T act of committing, or aboub immediately •" comraib, his crime by open force, and can nob obherwise be prevented from a«D&\T or if it is impossible otherwise to axm bin or keep him in custody. Aleo aw ierson assaulted in his own house m»y » . his assailant, if the force he «»Pjj°»" ' • proportioned to the violence of tna <•» paulb.'