THE LAW AS TO SELF DEFENCE.

Waikato Argus, Volume V, Issue 309, 2 July 1898, Page 2 (Supplement)

THE LAW AS TO SELF DEFENCE.

Tub right of self defence is by some old writers declared to be inherent in all men by the law of nature. Now these ' natural rights' are all very well, but they are not recognised by the law of Great Britain, simply because they arc natural rights. I do not (says * The Family Lawyer') advise any of my readers to act upon any ' natural right' that he may think he has. In this particuler case, the ' natural' aud the civil law happen to agree ; for it is the law that a man may defend himself, his wife, child, or servant, from physical aggressiou. He may also repel by force a forcible attack upon his property. Having stated these propositions broadly, T will proceed, after the manner of lawyers, to narrow them down to their safe and proper limits. When you, or your wife, child, or servant is attacked, or threatened with violence in such a manner as reasonably to lead you to believe that violence is about to be used, you may resist the aggressor. And as the best mode of resistance is, very often, to attack, you may lawfully follow the advice given by an old prizefighter to a pupil who had been taking boxing lessons, and one day he said to his instructor, 'I think I shall be able to take care of myself in a row now.' ' Right you are, sir,' said the pugilist, ' but take my advice and always get in the first whack."' But self-defence must be moderate. It must not be totally disproportioned to the attack. For instance, if a hulking ruffiau runs at me with a knife, I may shoot him. But if he runs at me merely with fists clenched, aud I shoot him dead with a revolver I shall probably be hanged by the neck. Ido not intend you to understand that the law expects a man to be calm and cool and collected in all circumstances. By no means. For instance, if the said burly ruffian rushes at me with clenched fists, evidently meaning mischief, and 1 bit him with a heavy stick on the back of tho ear, I may kill him. But I shall not be hanged for thai. I hud a right to use the stick, and in the circumstances 1 am not supposed to be cool enough to aim for a spot not likely to be fatal.

' Again, self-defence must not develop into revenge. Thus, if lam threatened with a knife, aud by the timely display of a pistol I frighten my assailant so that he runs away, I must not shoot after him. If I do I am just as liable as though be had never threatened me, because I shot at him not in self-defence, but by way of punishment or revenge.

There appears to have been a narrow eacapo from a serious disaster at Weston (North Otago). A correspondent writes :—" -A quantity of dynamite fuse find dynamite caps were placed in an outhouse belonging to a. family resident in Weston. No precautious were thought necessary to safe-guard these things from the children 'ibout the phue, and four of the dynamite cans found their way into the Weston school where they were in use us pencil-holders among the children. In one case t)ie cap had been dented in by the teeth of a little girl in order to make it fit the pencil better ! What might have happened makes one shudder to think of. One of the younger sons of Mr Tonkin obtained possession of one of these caps, and on Wednesday the family where started by a loud report, and on rushing to ascertain the cause they found that; the harmless-looking copper cyclinder had exploded and blown off the poor little fellow's finger and thumb. Mr Tonkie, wisely regardful ot the safety of others, sent word to the headmaster of the school, who immediately summoned the children, explained the gravity of the situation, and obtained from the m three more of the unexploded cap 3,"