The Third Tetralogy: Prosecution for Murder Of One Who Pleads That He Was Acting in Self-Defence (1.6-2.3)

Had he killed his victim accidentally, he would have deserved some measure of mercy. But he wantonly committed a brutal assault upon an old man when in his cups; he struck him and throttled him until he robbed him of life. So for killing him he is liable to penalties prescribed for murder: and for violating every right to respect enjoyed by the aged he deserves to suffer in full the punishment usual in such cases.

Thus the law rightly hands him over to you for punishment; and you have listened to the witnesses who were present during his drunken assault. It is your duty to take vengeance for the injury which he so lawlessly inflicted: to punish such brutal violence as harshly as the harm which it has caused requires: to deprive him in his turn of a life which was used to plot another’s death.

The fact that their speech was brief does not surprise me: because for them the danger is, not that they may come to some harm, but that they may fail to gratify their animosity by sending me to a death which I do not deserve. On the other hand, that they should want to treat the present matter, in which the victim had himself to blame more than me, as a case of the greatest gravity, gives me, I think, some excuse for indignation. By resorting to violence as he did and making a drunken assault upon a man far more in control of himself than he, he was responsible not only for the disaster which befell himself, but for the accusation which has been brought against me.

In my opinion, the prosecution are setting both God and man at defiance in accusing me. He was the aggressor; and even if I had used steel or stone or wood to beat him off, I was acting within my rights; an aggressor deserves to be answered with, not the same, but more and worse than he gave. Actually, when he struck me with his fists, I used my own to retaliate for the blows which I received. Was that unjustified?

Well and good. But, he will object, the law which forbids the taking of life whether justifiably or not shows you to be liable to the penalty prescribed for murder; for the man is dead. I repeat for a second and a third time that I did not kill him. Had the man died on the spot from the blows which he received, his death would have been due to me, not but what I would have been justified—an aggressor deserves to be answered with not the same, but more and worse than he gave;