Bill Hickok s trial
Got this from a paper called- Chronicle of the Old West
HAYCOCK
NOT GUILTY
August 10, 1865, The Patriot, Springfield Missouri - The trial of Wm. Haycock for the killing of Davis Tutt, in the street in this city week before last, was concluded on Saturday last, by a verdict of not guilty, rendered by the jury in about ten minutes after they retired to the jury room.
Instruction to the jury were as follows:
1 st- If they believe from the evidence that the defendant intentionally shot at the deceased, Davis Tutt, and the death of said Tutt, was caused thereby, they will find defendant guilty, unless they are satisfied from the evidence that he acted in self-defence.
- - - - - There are a total of 16 instructions. Number 4 is the most interesting to me:
4 th- To be entitled to aquittal on the ground of self-defence, he must have been anxious to avoid a conflict, and must have used all reasonable means to avoid it.
- - - - - - Seems the way the court file reads, it is impossible to find him innocent. They were walking towards one another aggressively and duked it out.
The court instructions seem to be not so different from what they are today!!! Which makes all the self defence f a i r f i g h t gun, fist, knife , , fights , whatever, to be illegal assault/death, whatever.
I ll add more of it later.