Appeal from the Seventeenth District.

Indictment for murder. The facts relative to the threats and killing are, that during the evening of Oct. 24th, 1859, Lucas, the deceased, had threatened to kill defendant, and that these threats were communicated to him that night; that two or three days before this time Lucas had made like threats, which were then communicated to the defendant. Lucas on the evening named was drunk in the street, threatening to kill a man named Williams or defendant—the cause of trouble seeming to be a woman with whom defendant was intimate and whom Lucas had whipped. About 7 o’clock the next morning, Lucas was crossing the street from a barber shop with a bundle of clothes, and apparently without any weapon, when defendant came rapidly up the street and addressed Lucas thus: “ Defend yourself, you son of a b—h,” at the same time drawing a pistol and shooting Lucas in the right side, of which wound he soon died. Defendant then ran up the street. Lucas does not seem to have seen defendant until addressed as stated. On the trial, after the evidence of threats and their communication to defendant had been introduced, defendant offered to prove by a witness that the deceased, Lucas, was a quarrelsome, vindictive and revengeful man, for the purpose of showing that defendant had reason to believe and did believe his life to be in danger at the 0 time he met deceased, and that he acted under that belief at the time the pistol was fired. The Court of its own motion, without

objection on the part of the prosecution, excluded the evidence, defendant excepting.

After a witness, Martha Willis, had proved the threats against defendant, made to her two or three days before the killing, and their communication by her to him, defendant’s counsel asked her if she knew the reason why Lucas intended to kill defendant, and being answered in the affirmative, he then asked “ what that reason was ?” Objected to, and objection sustained, defendant excepting. Counsel then asked: “ Do you know whether or not the deceased, about the same time he made the threats you have sworn to, attempted to kill and did shoot at any other person for the same reason for which he intended and threatened to kill Lombard, the defendant.” Objected to and ruled out. Counsel then asked witness : “ What was Lucas, the deceased, doing at the time he threatened the life of Lombard ?” Ruled out on objection.

, Defendant was convicted of murder in the second degree, and appeals.