Page:Federal Reporter, 1st Series, Volume 5.djvu/705

 THE UUSSEL SLPWH OASE. 693 �made threats against members of the settlers' league. You have heard that testimony, gentlemen, and the theory of the defence is that these parties anticipated that Crow would kill Brewer, and that they came out, as one of their purposes, to prevent that act. Gentlemen, you have heard the testimony in regard to those threats. One complaint was that Crow had, at his house, arms and a large number of cartridges — 300 cartridges. You are to consider whether or not that is not entirely consistent with a determination on his part sim- ply to use them in self-defence. You have heard testimony as to midnight marauders, tending to show that midnight marauders in disguise were inquiring for him, (Crow.) The testimony tends to show that the enmity was rather more, or as much, at least, on the side of the settlers against him, a? it was entertained by him against the settlers. The testimony tends to show that there was a large combination of the set- tlers, having many hundred men. �You are to consider whether Crow would be likely to he an assailant against a whole community, or a large part of a community of that kind, or whether it is not more likely that he would confine himself to matters of strictly self -defence under such extraordinary circumstances. It is for you to consider the circumstances and to give them such weight as you think them entitled to, and determine whether or not ail of these threats were not entirely explicable on the hypothep; sis that he was simply arming himself and carrying his, arms for self-defence, and whether the cause for enmity was not as great or greater upon the otber side than upon his. Those things you ought to consider, and to, give such weight to them as you think they are entitled to reçoive in determining the acts and the motives of these men. The fact that there was that moming no ill feeling manif ested between Crow and those parties, Storer and Brewer, would indieate» that there was nothing dangerous contemplated, but that Crow had then no other purpose than self-defence. Whether it is sufiScient or not is a question for you yourselves to consider. , �Then you ought to consider whether the testimony tending to show that Crow said he intended to harvest these crops, ����