THE PIRIE-STREET TRAGEDY.

Evening Post, Volume XLVI, Issue 19, 22 July 1893, Page 2

THE PIRIE- STREET TRAGEDY.

♦ THE CASE DISMISSED. The case against Louis A. Sanderson, charged with the murder of Wil.iam W J. S-proat, was concluded in the Magistrate's Conrt at 4 30 o'clock yesterday aftcrucon, and resulted in the acquittal of the accused. At tho conclusion oE the evidence, the Magi«tratcs (Mr. J. C. Martin, R.M , and Messrs. F. H. Pickering and A. A. Barnett, Justices), retired to consider their judgment, and on returning 20 minutes afterwards, Mr. Martin said they had decided it was nnnocessary to call upon Mr. Skerrett for his defence. The law was very plain in these matters. A man was entitled to defend himself from seiious bodily injury, or from having his life taken, and in doing so, if neoebsary, to use a weapon. Ho v\,is justified, if before doing so ho had reticated as far as ho possibly could. He must, how over, mako every endeavour to retreat, and if finally he conld rotreit no further and his assailant was armed with a deadly woapon, ho was then justifiod in ÜBing a deadly weapon. Comparing tho facts of the present case with those rules, the Bench did not consider it necessary to attach much importance with what took place until the parties were in tho back yard. It was perfectly true that tho accused might have let t the house at the timo when everyone else did, but as he did not do so tho Bench wero not concorned with that, as it was not then that tho shooting took place. Had the accused shot then and killed the man it would have been different, because ho could easily havo escaped from tho deceased by running away. The position of affairs in the yard w as this : Accnsed was near tho ladder when tho deceased man, armed with a knife and a poker, ran out of the back door. Sprcat was then only six or seven feot away from the accused, and between htm and his brother and tho gate, and also between h in and the door. Accused's only means of exit, therefore was either through tho back door, or by tho laddor and through tho bedroom window, or ovor a six-foot fence. But in view of tlie close proximity of tho deceased, thero was no reasonable time for the accused to have run to tho fence and clambered over it and escaped from tho man, nor was it reasonable for him to have run 'the gauntlet to tho back dcor. Accused was aware that the deceased had already threatened his brothor with a knife, and that ho had chased htm ti his room and had vented his spite by stabbing at the door. All this, as before stated, was known to tho accused, who according^- rotro.ated by the only safe way open to him— by the ladder Then, as to tho locking of the bcdioom door. If the Court had proof that tho accnsed knew that tho door was unlocked, it would havo been his duty to haie tried (ho door, and, if possible, to have ebcaped that way. But they had tho evidence of Valentino Sanderson, who told them that ho had locked the dosr, and that ho had told liis brothor lie had done so. That being tho oaso, tho t'onch had to look at accused's conduct from that state of facts. Ho had retrea'ed by the only way open to him and on entering tho room imagined tho door was locked. When ho got into the room, ac.-ording to tho evidence the deceased was half-way up the ladder, and by tho time he took down the carbine deceased must havo been in tho room, and within a very few feet of him. Accused warned tho deocased that if he came closer ho would shoot in self-defoneo. Deceased did advanco, and accused shot him. If the ca-o went before a jury, and the Judge put it to them, as ho wonld do, that they must be satisfied before acquitting that the accused rctroatcd as far as possible beforo ho fired, eonid anj- jury say under tho circumstances that the accused could have possibly run further? Theßenehdidnot think so, and thoy did not think there was a case to answer. The accused was thcreforo discharged. Mr. Martin said tho Bench was glad to be able to complimont the police on tho promptness with whioh thoy woro on tho soone after receiving the telephono message.