Pond's Defense

Pond's Defense. Michigan Legal Milestone. , Augustus Pond, a fisherman from nearby Seul Choix, was convicted in this building in 1859 of manslaughter. In 1860 the Michigan Supreme Court reversed Pond's conviction, clarifying a legal principle of self-defense that is followed to this day. , , Isaac Blanchard and two confederates had for three days challenged Pond, his family and Pond's hired hands, Cull and Whitney. One night, the three began tearing down Pond's net house and attacked Cull, who was sleeping inside. Pond confronted the men, and upon hearing Cull's cries, called out: "Leave, or I'll shoot." The three men continued and Pond fired, killing Blanchard. A jury sitting here sentenced Pond to 10 years confinement at hard labor. , , Michigan Supreme Court Justice James V. Campbell, a towering figure in the state's legal history, wrote the historic decision overturning the conviction. Justice Campbell stressed, "Human life is not to be lightly disregarded, and the law will not permit it to be destroyed unless upon urgent occasion." This, Justice Campbell wrote, was such an occasion: "A man is not, however, obliged to retreat if assaulted in his dwelling, but may use such means as are absolutely necessary to repel the assailant, or to prevent his forcible entry, even to the taking of life...(unless) he can otherwise arrest or repel the assailant." , , The issue remains difficult, but Justice Campbell's reasoning continues, as it has for generations, to guide our courts and juries.