Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-09

the pistol; put it in the drawer, but he
went and got 1t afterwards; heard nothing
more IF the parties until heard the shoot |
ING; was in the act of closing my Edoors
when the shots were fired, and Eagan ran |
into my store and fell at the counter.
CrOss=erdmined.- Eagan was fall |
ing the pistol fell from him didn't see the |
pistol until he fell; think saw the horn in |
his left hand, and the cane under his arm,
| was warned by Stewart that there might |
be trouble; heard some one remark that |
Eacan was harmless and crazy; Powers
said, 81 don't want to be shot by a crazy
man."
cox REJECTED.
Defendants counsel here offered to in
troduce as their witness Joseph Cox, who
was Jointly indicted with Powers, to which
the cJiinsel for the State objected: The
objection was sustained by the Court.
OFFICER LAUREL KUHN
testified: In looking for Powers after the
shooting, some of us went into Jennie
Sorners', and while there the carriage came
IN; they sent for me to see if the man in
ii was Powersl 1 looked into the carriage
And seeius it vas, said all have to arrest
you." He said, "What for7" ard l said,
aFor MURDER" we searched him, but found
nothing; he made no effort to escape, but
said he had murdered the man in self-de-
Tense; he was -ery. drunk.
-eLdJniRed-PoYers gave in his
name and occupation at the sIation-honse;
he said he was a gambler; don't think he said
he was a thief; have played cards myself,
and have roOmed with gamblers; L am
PAINTER by trade.
sioRn TESTIMONY REJECTED.
The defense offered to introduce as wit
nesses DIR. II. NJ. Compton, Olivel Nilsson
and L. Marchivetta to prove that Eagzn had
drawn pistol on them the afternoon pre-
yious to the killing, but, the counsel for the
ststa ohiecting, the objection was sus-
tanned.
ROBERT CHARLTON,
colored, testified that he was in the Mer<
chants Exchange at the time of the shoot
ing, and substantiated the testimony OF
preceding witnesses with regard to the man
ner in which the shots we're fred.
The above above witnesses were exam
ined on Thursday, Friday, and Saturday.
Ko3h.-T PORTER
was thk first witness on the stand yeSter-
day. He testified as follows: went to
Edgefeld with Eagan the afterf,sen before
the killing; went out in the country three
or four miles; Eagan had pistol, and We
went out to shoot at a mark; he told me
he expected he would have difficulty,
that he was a poor shot and wanted to
practice so as to be better one; We came
back about five o'clock; stopped at Ham
ilton & CunninEhaTns to get some
cartridges; as We had Shot OUTS
all away; bought them of Mf. Living
ston. one of the clerks, who loaded the pis-
toll for EagSn; Eagan bought two boxes OF
cartridges and poured thefti into his pocket;
we went on up town and Eagan stopped at
the Maxwell; / went to the corner OF
Church and Cherry, and saw Powers on the
opposite side of the street, near HOLSTERS;
went over and told BIN that Eagan had
told me he was going to kill him; Eagan
told me that in Edgefield; think Eagan
said in Edgefeld that lie expected to have
a difficulty with Joe Cox then be spoke
about having been insIilted by somebody;
| think he said he had been insulted by
1.-TWO Observation-Disclosures and P0wers;" he
told me two or three times
that be expected to have difficulty.
Cross erdmined-Eagan and 1 went into
grocery in Edgefeld and drank there;
while we were in there, a man came in;
Eagan pulled off his hat and said, ''God
bless Queen YictOria;" this man then said
sd-n Queen Victoria, when Eaganpulled
out his pistol and said he would kill him; L
Judge il was about four miles from town
where we done the shooting; it was about
dark when we got back; / had had about
five drinks then; | was summoned before
the Grand jury in this case; the foreman
said he thought they knew enough about
il. and was not examined; / said nothing
there about the case; didn't say a word
about Eagan making threats against Cox
and Powers. nor that had communicated
the fact to Powers; they didn't ask me
any questions about it; Eagan took one
or two drinks at Steele's, and l took one;
we took one drink at a saloon in Edgeheld.
WILLIAM LIVINGSTON
testified that be had sold two boxes OF pis-
tol cartridges to Eagan the evening Of the
killing. but said he had not loaded the pis-
toll for Eagan, as it is against the rules Of
the house TO load pistols at the store.
Rebutting Testimony.
The counsel for the prosecution intro
duced the following testimony in rebuttal:
Nj. DAVIS,
having been sworn, testified that he was a
member of the grand jury which had in
| dicted Cox and Powers; that Bob Porter
was examined, and that he had asked POr-
ter two questions; witness had asked him
whether Eagan made any threats while in
Edgefeld, and in replying, Porter had not
| mentioned the names of Powers and Cox
in connection with the case; witness then
asked Porter if he had seen Eagan's pistol
after the killing, to which Porter replied
that he had not.
j. W. PATTON,
foreman Of the grand jury which indicted
Powers and Cox, testified that Porter was
before the grand jury twice, and that he
was told the last time he came that the jury
had heard enough testimony in the case;
Porter was questioned about the trip out
from Edcefield, and had told all about it,
but had said nothing at that time about
Eagan making threats against Powers and
Cox.
CHARACTER OF THE DECEASED.
Messrs. Isaac Litton, Felix Demoyille,
W. A. Gleaves, J. W. Thomas, G. b.
Jones, ]. C.. Nicholson, James Mcconnell
and Walter Hussey testified as to the quiet,
peaceable character of Maurice Eagan.
OPENING OF THE ARGUMENT.
The examination Of the witnesses was
| brought to a close about eleven o'clock,
when the argument was opened by Attor-
ney General Caldwell, who was foil 1wed
. by Gen. Quarles, also of counsel fol he
State. Capt. T. L. Dodd, counsel for de
PENDANT, then addressed the jury, and
pending his argument the court adjourned.
Capt. Dodd will resume his argument
this morning, to be followed by w. e..
Brien, for the State, and he will be follow
ed in turd by Player Martin, who will con-
clude the argument for the defense, Gen.
Bates closing the case for the State.