Page:Federal Reporter, 1st Series, Volume 5.djvu/706

 694 PEDBBAIi BEPOBTEB. �and if tiey would put him iii possession he -would thin their ranks, or expressions something like that, are not also en- tirely explicable upon the hypothesis that He intended only to act in self-defence. Crow having purchased those lands, which had been adjudged to belong to the Southern Pacific Eailroad Company, he was entitled to their possession, and if there were crops growing upon those lands the products of those lands -were his; the land being his the crops were his, and he had a right to harvest them if he could get posses- sion; and you are entitled to consider whether that expres- sion of his complained of is not explicable upon the idea that • ■when they put him in possession, not anticipating that there would be reàistance to the marshal, having been placed in possession he would maintain it, if necessary, with force/ which he would bave a right to do if attacked. �You are to consider whether his conduct or his threats were not explicable upon that theory, and whether he simply intended to use his arms for self-defence only, At ail eventa there appears no testimony that at this time Crow or Hart or Clark advànced one step towards those men who were sur- rounding the marshal, until those men rushed in a threaten- ing manner upon them. The testimony of ail is (the testi- mony of bbth parties) that there was a rush upon them, and Mr. Clark, who gives a very graphie, and what appeared to me to be a very eandid, statement of the f acts, — whether caridid ôr not is a matter for you to determine ; whether true or not is for you to determine, — Mr. Clark gives a very dis- tinct narrative of those events, and shows that he was in a position to observe clearly and carefuUy what took place. Whether he told the truth or not is a question for you. He tells you that while he sat, with Crow and Hart by his side in the other wagon close to him, the two wagons close to- gether, he saw Harris swing his pistol around, or some other party, at the head of the marshal, demanding his arms, and Boon after they dashed up at him, Clark, with drawn pistols. He tells you there were several with drawn pistols, and that Harris presented his pistol to him and demanded his arms in a tlireatening tone and manner; that he entered into some ����