Reply to a Charge of Murder, Arguing that the Accused Killed in Self-Defense
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.
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2]
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?
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3]
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;
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4]
—but in fact he died several days later, after being placed under an incompetent physician. His death was due to the incompetence of the physician, and not to the blows which he received. The other physicians warned him that though he was not beyond cure, he would die if he followed this particular treatment. Thanks to your advice, he did die, and thereby caused an outrageous charge to be brought against myself.
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5]
Further, the very law under which I am being accused attests my innocence; it lays down that the guilt of a murder shall rest upon that party which acted from design. Now what designs could I have on his life which he did not also have on mine? I resisted him with his own weapons, and returned blow for blow; so it is clear that I only had the designs upon his life which he had on mine.
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6]
Furthermore, if anyone thinks that his death was the result of the blows which he received and that therefore I am his murderer, let him set against that fact that it was the aggressor who was the cause of those blows, and that they therefore point to him, not to me, as the person responsible for his death; I would not have defended myself unless I had been struck by him
Thus my innocence is attested both by the law and by the fact that my opponent was the aggressor; in no way am I his murderer. As to the dead man, if his death was due to mischance, he had himself to thank for that mischance: for it consisted in his taking the offensive.
1 Similarly, if his death was due to a loss of self-control it was through his own loss of self-control that he perished: for he was not in his right mind when he struck me.
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7]
I have now proved that I am unjustly accused. But I wish to prove also that my accusers are themselves exposed to all the charges which they are bringing against me. By accusing me of murder when I am free from guilt, and by robbing me of the life which God bestowed upon me, they are sinning against God by seeking to compass my death wrongfully, they are confounding the laws of man and becoming my murderers; and by urging you to commit the sin of taking my life, [they are murdering your consciences also].
2
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8]
May God visit them with the punishment which they deserve. You on your side must look to your own interests and be more disposed to acquit than to condemn me. If I am acquitted unjustly, if I escape because you have not been properly informed of the facts, then it is he who failed to inform you, not you, whom I shall cause to be visited by the spirit who is seeking vengeance for the dead. But if I am wrongfully condemned by you, then it is upon you, and not upon my accuser, that I shall turn the wrath of the avenging demons.
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9]
In this knowledge, make the prosecution bear the consequences of their sin; cleanse yourselves of guilt: and acquit me as righteousness and justice require you to do. Thus may all of us citizens best avoid defilement.
