39
title Mr. Macnamara has called the defence of self-defence.
It is not self-defence. Self-defence is a perfectly good
defence for anyone for instance, if you are attacked by
a man you may defend yourself. You must retreat first as
far as you can but when you cannot get any further without
danger to life and limb you are entitled to strike back, but
you must match force with force.
If you believe the accused's story that because his
younger brother had struck at him and had inflicted this
comparatively trifling wound on the palm of the hand he is
entitled to say "It is my turn now, and I am going to hit
him" and then he inflicted these four blows on the head; then
the best you can say is "not guilty of murder but guilty of
manslaughter." There can be no lesser verdict.
There is your case. I am not going to insult your
intelligence by taking you over the evidence. You have heard
all the evidence today and it is fresh in your mind. If
you accept the story told by the widow and the son, backed as
it is in a number of essentials by the accused's own story
about the motive for hatred of his younger brother which he
had, which on his own showing he had, then there can be one
verdict and one verdict only he is guilty of murder.
-
If you are unable to accept that story and you will
throughout bear in mind what both Mr. Macnamara and Mr.
Murphy have told you so clearly, it is the paramount duty
If of the Crown to prove guilt beyond any shadow of doubt.
you are unable to accept these two witnesses' evidence and
you believe the story told by the accused man that both of
them lost their temper, that there was a row - that the
deceased man was disarmed and thereafter rendered harmless
and knowing he was disarmed the accused said "It is my turn"
and then struck at him, you may say he is not guilty of murder
but guilty of anslaughter.