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


didn't see Powers and Cos |
for the pistol in the store; when |
first saw them; Cox had hold Of Powers |
nd Po%ers said, s.let me have that pistol"
nd said. II will have it;n l saw Powers
Ding toward the shoe-store with the pistol
n his hand; was standing in the middle
4 Cherry street at The tlfhe.
SAMUEL MARSHALL,
1eputy Collector OF Internal Revenue,
estified: was acquainted with Maurice
Sagan and Cox, but never saw Powers I'M
II the night Eagan was killed, saw Powers
bout 7 o'clock, near Winstead's shoe
tore, he was very much excited, so much
20 that asked him what was the matter;
re said that an Irishman up at the Mer-
:hants' Exchange drew q pistol on him and
was going to shoot; told him that Eagan
was harmless; that he was partly deraDged.
BE said that he was going to ''call the son
IF BIB the next time he saw him." saw
no pistol about Powers then; don't think
Powers was drunk.
Cross-erdmined-I was very intimate
with Eagan and personal friend OF his.
JOHN e. FISHER,
keeper of the Sherman House, North Col
Iege street, testified; knew Eagan, Powers
and Cox; saw tliem all together about IL
o'elccs 81 the ssiEe dag that The sheeting
occurred; Esgan came into the house and
wanted drink and l wouldn't give him
anything; be then walked into the hall and
Cox and Powers came in about that time;
Eagan made a remark Of an insulting
character 1t which Powers took offense,
and Esgan said; ~ was not Speaking 10
you" Eagan stepped back; as if in the act
Of drawing a pistol-that was his habit; l
did not know whether he had pistol or
not; he threw his hand under his coat; l
didn't apprehend. any difficulty; Eagan
then went buti Powers and Cox took a
drink and went away.
JOHN Raglan,
police officer, testified: The night Eagan
was killed Twas in the station-house; Capt.
Yater ordered me and some other police
men down on Wife street, aftet had been
OF the murder; went TO the house
of Jennie Somers, where we captured Pow
ers, who drove up in hack; he made no
effort to escape that saw:
foiiCt sER1EAATe ttGNOR AND BURKE
were called and examined with regard to
the means adopted to secure Powers arrest,
and also with reference to the conduct Of
the defendant after he was arrested. Their
was substantially the same as
that given by officer Regain.
W. y. DANDY
stated that he was in company with Sam
uel Marshall ON the night Of the killing,
and eotreborated Marshail's evidence.
OFFICER BRANCH M'KINNEY
testified that he met Cox and Powers on
College street, the north side of Locust, at
4 O'Clock on the evening of the killing; Cox
remarked that they ought to do something
with Maurice Eagan; that he had drawn
pistol on him and Powers at the Sherman
House; witness told him he would not no
tice Eagan; that he appeared to be crazy
and harmless; Cox said he could be killed
as hard if killed by a crazy man as by any
to be drinking.
OFFICER JNo. FREDERICK
was present when Officer Mckinney met
Powers and Cox on North College street,
and his testimony was not materially differ
ent from that of Officer Kinney.
JUSTICE JAMES EvERETr
testified that he swore inthe jury of inquest
over the body of Eagan, but that the inquest
was held by Coroner Brantley.
The Testimony for the Defense.
The first witness for the defense was Ed.
Acklin. colored. He testified as follows:
When Eagan fell in the liquor store he had
a pistol in his right hand; when Eagan
came into Landauer's and fell no one but
Landauer and myself was in there, did not
see there a man by the name OF Johnston;
4 q. h1 MA
CrOSs-ernnined-Pow said to Cox,
''Give me your gun, man drew gun on
me-" and tried to take the pistol from Cox;
Cox said, ''Wait, watt" and then took the
pistol out of his pocket and held it in his
hand, and Powers took it out of his hand
and went as far as Winsteads shoe store,
and came back and said, "The Irishman
drew a pistol on me, and l was obliged to
rum" I.andauer got the pistol from Cox,
and put it in a drawer, and Cox afterwards
took it out of the drawer; Powers said to
Cox. "Iet me have it," Col. Stewart said
to Powers, go slow, Aft" Powers said,
Colonel, L only want it to protect myself;
and when he got it he went into the Mer-
chants Exchange; l didn't hear Cox say
that the man was harmless and crazy.
W. S. HAZLITT,
of the Merchants Exchange, testified as fol-
lows: On the morning that Eagan was killed
he came into the Exchange and said he would
take some of the same that Ed Gardner was
drinking; about that time Powers came in
alone with his hands in his pockets; he
walked up to the counter and rubbed
against Eagan, who drew back, took out his
pistol, cooked it and said he would kill any
hat al ha aS
not afraid of him aud thai he would fix him.
self; Powers then went out; Gardner told me
to getthe pistol from Eagan, but didn't get
it; Eagan was looking at Powers when he
cooked the pistol and pointed it toward
Powers; Eagan afterwards came in with a
party of three or four and told me to let
them have what they wanted; Cantrell was
the only one who called for drink; Cox
came in and Powers behind him, with his
hands in his pockets, just as he came in the
first time; they walked to the far end of
the counter; Eagan observed Powers, backed
off and said, ''bOys, have been insulted in
here" ripped out an oath, backed off with
his trumpet to his mouth and then dropped
his right hand to his side, and Cox said,
''if that is your game, ] will give it to you"
and shot him.
Cross Erdnined.-Eagan was about the
door when the shooting took place; he was
leaning against the door when he was
shot, had been leaning there for a few sec
onds; he did not say a word from the time
that he dropped his hand until he was shot;
he was shot while his trumpet was up to
his mouth; Powers could see Eagan's hand
drop only throughthe mirror; was looking
at Eagan when he walked off; l watched
him because he had had difficulty in there
before; do not recollect hearing Powers
say, "Take your hand from behind you"
both Powers and Eagan were drinking;
Eagan looked as if he were very mad at
the time and was gritting his teeth.
L. STEWART
was next examined and gave substantially