The Deadly Spring Gun of Whatcom
A man who set a loaded trap for intruders in his cabin faces a murder conviction, setting a major legal precedent for property defense.
The story, cleaned up
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The first trial in the state of Washington for the killing of a man by the discharge of a gun set within a building for the protection of property has ended in a verdict of murder in the second degree. Newell S. Barr, who resided in a small cabin on the west bank of Squalicum Creek near Whatcom, had fixed a heavily-loaded gun so that any attempt to forcibly open the door would result in its discharge. Barr's counsel contended that his client had a legal and moral right to protect his domicile from entry during his absence, citing a 'danger' notice posted on the door. Judge Winn instructed the jury that a man has no more right to set a gun during his absence than he would have if at home, and that if the defendant acted with malice and premeditation, he was criminally responsible. The jury's verdict of second-degree murder came as a surprise, as many expected an acquittal or a manslaughter conviction. An appeal to the supreme court is expected.
“A man has no more right to set a gun during his absence than he would have if at home.”
This case highlights the enduring, contentious legal boundary between protecting one's property and the value of human life. Today, 'spring guns' and lethal booby traps remain strictly prohibited by law, emphasizing that the sanctity of human life in civil society overrides the absolute protection of personal property.
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