Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-11
"GUILTY, OR NOT GUILTY."
Closing Scenes of the Powers Murder
Trial.
Full Text Of Judge Frazier's Charge
to the Jury.
No Verdict When the Court Adjourned.

No Verdict When the Court Adjourned.
At the opening of the Criminal Court
yesterday morning, there seemed to be no
abatement in the interest shown in fhe
Powers case, the attendance of spectators
being large, rs It has been from the first
day of the trial. The defendant main
tanned cheerful demeanor, and chatted
pleasantly with his counsel and friends
Sitting near. The jury seemed to have re-
covered from the effects of the heat of the
day previous and the discomforts of a
packed court room.
The arguments of the counsel in the case
having been concluded the day previous,
Judge Frazier, upon taking his seat, at
once proceeded to deliver the following:
CHARGE TO THE JURY.
The indictment in this case contains
four counts, or separate and distinct charges
against the defendants. The first count in
substance charges Albert Powers and Joseph
Cox with the murder of one Maurice Eagan.
The second count charges the said Albert
Powers with the murder of thesai Maurice
Eagan and the said Joseph Cox with being
present, aiding and abetting the murder.
The third count charges the said Albert
Powers with the murder of said Eagan, and
the defendant Cox as accessory before the
fact to the murder Of said Eagan. The
fourth count charges Powers with the muir
der of Eagan and Cox as accessory after the
fact, to said murder.
The parties have been allowed to sever
and be tried separately, and the defendant
Albert Powers is now alone upon trial, and
hence the inquiry Of the jury will be mainly
directed to the part, if any, that this de-
PENDANT took in the death of the said Eagan.
Each one of the above specified counts in
the indictment, as against this defendant,
embraces all the degrees of feloniOus
homicide known TO the laws of Tennessee.
Hence he may be convicted on any one, or
all of said counts, if the proof should so
warrant, of either murder in the first de-
gree or murder in the second degree, volun-
tary or involuntary manslaughter, or he
may be acquitted altogether.
To establish any one, or all OF the
charges against this defendant, as above
specified, it is incumbent ON the State TO
show by satisfactory proof, first, that the
said Maurice Eagan is dead; secondly,
that he was killed by this defend
anti either with his own hand,
or that he was present, aiding and abetting
those who did kill him; and, thirdly, that
he was killed in the county of Davidson.
If these several facts are satisfactorily es-
tablished, then it will be essential for the
jury to examine all the facts and circum-
stances touching the cause and manner Of
the killing, to enable them to determine
what degree of ofense, if any, the defendant
is guilty of in taking the life OF Ea-
gan, and it may be promised that
all persons who are present, participating
in and aiding and abetting the commission
of a homicide, are equally guilty OF the
death, no matter which one may have struck
the fatal blow, or did the deed. If, how
ever, the proof should show that this de-
PENDANT shot and killed Eagan, it will not
be material to inquire, on this trial,
what part, if any, the defendant Cox may
have taken in the homicide. Murder Is
defined by our Acts of Assembly to be
"When any person of sound memory and
discretion unlawfully kills any reasonable
creature in and being under the peace of
the State, with malice aforethought, either
express or implied"
From this definition il is evident that the
party killing must be of sound mind and
memory; that the killing must be unlawful;
that it is without just cause or excuse, and
it must be done with malice. In fact,
malice is an indispensable ingredient in
every case of murder, whether in the first
or second degree, and is the distinguishing
criterion between murder and man
slaughter.
Malice, in its legal acceptation, is not so
much spite, malevolenee, or i'll will to-
wards the deceased in particular, as il is an
evil design in general-the dictate OF a
wicked, depraved and malignant heart-a
heart regardless of social duty, and fatally
bent upon mischief Malice is either ex-
press or implied. l: is said to
be express whenever the act
charged was done with a de-
liberately formed design, such formal
design being indicated by external circum-
stances, discovering or showing such intent
or design-such, for instance, as antece-
| dental threats, menaceS, or former alterca-
tions, or grudge, or concerted schemes to do
the party bodily harm. Malice is implied
| from any deliberate cruel act committed by
one person against another, such, for in
stance. as the sudden shooting, or killing
of another, without cause or provocation,
or where the party killing is in the perpe-
tratiOnof some felony, or the like. 1t may
be, and often is implied from the weapon
used, and the manner of the killing.
1t is a general rule of law that all homo
eide sis presumed to be malicious and
amounting to murder, at least in the sec
ond degree, till the contrary appears from
circumstances of alienation, excuse or just
fication, and that it is incumbent on the de-
PENDANT to make out by proof, such circum-
stances to the satisfaction of the jury, IN
| less they arise out of the evidence produced
by the State.
Murder, by the laws of Tennessee, is dis
tinguished into murder in the first, and
murder i'm the second degree. All murders
pepetrated by means of poison, or lying IN
wait, or committed while the party com-
hitting it is in the preparation of, or the
| attempt to perpetrate any arson, rape,
| robbery, burglary or larceny, is cOnclusively
| presumed to be murder in the first degree
| But when it is perpetrated in any other
| way, or by any other means, in order to
make it murder in the first degree, the prcOi
must show that it was done wIllfully-that
1 is. without passion, and with the intent tC
do the deed; deliberately-that is, with COO
| purpose, not in a passion, or the heat Of
| blood; maliciously-that is, wrongfully
| wickedly and Intentionally, without just
cause or excuse; and premeditatedly-tha
is, with previously formed design TO kill
and it would not be material how long oil
how short a time such formed design may
have been entertained, so that it was dis
tinctly formed in the defendants mind be
fore the act was done by which the life wa:
taken.
To constitute murder in the second de
gree, the proof must show that the killing
was done willfully, maliciously and will
intent to kill, but it is not essential to show
that 1t was done with that cool, deliber
ate purpose and previously formed de
sign to kill, as is necessary to constitute
murder in the first degree, as already stated
Hence, if the proof should show tina
there was a design to kill; but that sucl
design was formed in the defendant
mind upon a sudden impulse of passiol
aroused by the sight Of, or sudden contac
with his enemy, or other cause, wholly dis
connected with any previously formed de
sign to kill; although the killing was don
willfully and maliciously. Still 1t woul
not amount to more than murder IN Tn
second degree.
Manslanghter is the unlawful killing o
another without malice either express o
implied, and il may be either voluntary upol
a sudden heator involuntary, but while tn