Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-09
Important Points net Elected at the
Preliminary Hearing.
The Argument for the Prosecution
and Defense Opened.
Not Much Prospect Of a Verde; Being
Reached To-Day.

As our readers are aware, publication
of the testimony in the trial Of Albert
Powers, during the examination of wit
neSSes was prohibited by rule Of the Court.
The UNION AND AMERICAN, however,
has had a reoprter in attendance during
the entire trial, taking full phoitoTaphic
notes of the testimony in the case. and we
now present our readers with a complete
summary of the evidence ELECTED during
the three days examination. thus furnish
ing a report Of the progress Of the trial, to
date, in compact, conyenientform.
1.-The case has attracted considerable atN
tention, and the court room has been crowd
ed with.interested spectators. The State
has been represented by Attorney General
Caldwell. Gen. w. B. Bate, Gen. James
NJ. Quarles and w. G. Brien. Esq, Capt.
I. l.. Dodd and Player Martin, Esq,
appearing for the defendant. The exami-
nation of witnesses closed yesterday, and
the jury were addressed in very able man
ner by Attorney General Caldwell, Gen.
Quarles and Capt. Dodd, the last named of
whom resumes this morning.
There VIII be no decrease in the attend
ance to-day, during the arguments of
Messrs. Dodd, Brien, Martin and Bate.
The following is a comprehensive report
of the testimony, which opened on Thurs
day:
JOHN EAGAN,
a brother of the deceased, was the first wit
ness called on the part of the State. He
testified as follows;
| carry on the same business that my
brother Maurice did; he died Jan. "A, 1874,
in a cigar store on Cherry street; he was 81
90 IfA,,.t l-,1l.,I hut
him at Landauer's cigar store soon after
wards, as the body was lying on the floor
up against the counter; | know his clothes
(Here witness identified the suit of clothes
Eagan had on at the time he was killed,
and which were produced in evideDce);
nothing has been done with these clothes
since that night; have his pistol out home;
don't know that he had any pistol that
night.
CrosS-eJanined-The articles clothing,
cane and trIImpet) were reached TO me at
the back of Landaner's store by George
Wright; the pistol and cartridges were
charged to Maurice Bagan; l found no car
tridges on his clothes; some were found, a
couple of boxes, believe.
NORRIS LELLYETT
testified: remember when Maurice Eagan
was killed; the first l saw of Mr.. Eagan
that night was in the Maxwell House; he
was blowing a horn and making a great
noise; | got him outside the house, and was
Joined by Brent S. Leiper and MIR. Cantrel;
Eagan proposed we should 90 TO the Mer-
chants Exchange and take a drink; we all
walked over, and while there Powers and
Cox came in; Eagan had been blow
ing his horn, and when Powers and
Cox were at the bar, he walked
towards the back part of the saloon, blow
ing the horn; he saidUo the, bar-keeper '3Give
me nv liquor" Powers said, ETake your
hand from behind YOU" at the same time
taking his pistol out and firing two shots; as
lie went to fire again, held my hand on his
arm; Eagan ran out of the door. after the
second shot had been fired; Eagan had his
hat off at the Maxwell, and was drinking
there; as we crossed the street 70 the Mer-
chants Exchange, Joe Cox was standing in
the cigar store; didn't see Powers there;
when we went into the saloon, Eagan said
to the bar-keeper, 'YOu know me, give
these gentlemen what they want" he called
for a whiskey toddy, and, as the bar
keeper stood there with the glasses in
his hand waiting for the others
TO give their orders. Powers and Cox
came in; Lieper and Eagan were standing
at the bar and Cantrell and l were stand
ing behind them; Powers and Cox went
up TO the bar and Eagan walked past them,
blowing his trumpet, with his cane either
under his arm, or in his hand; he had not
gone moe than ten steps when Powers told
him to take his hand from behind him;
Eagan hadn't made any remark to either
Powers or Cox, nor made any demonstra-
ton towards them that | know of; Powers
said, take your hand from behind you, "
and commenced firing; when Powers came
into the saloon he had both hands in his
overcoat pockets; he pulled his pistol from
his overceat pocket; l think he must have
cooked it while pulling it out; didn't see
Eagan attempt to get a pistol; when Pow
ers fired the first shot, Eagan started to run,
and when the second was fired, Eagan was
in the hall.
rdmined.-Powers didn't make
any demonstrations toward Eagan when he
came in; don't know whether Powers could
have seen whether Eagan had a pistol or
not; l threw Eagan's cane in at Landauer's
and went away.
BRENT s. LEIPER
was called and testified as follows:
SdH bliC NC W do hlllCus lie
was blowing horn at the Maxwell, and
seemed to be intoxicated; Morris Lellyett
and were together; | think l proposed
that we all 90 across to the Merchants Ex-
change; saw Joe Cox in Landauer's
cigar store, adjoining the Mer-
chants Exchange; Eagan said to the
bar-keeper "Give these gentlemen what
they want" the bar-keeper took up
l., IL
for the bottle, when Powers and Cox came
in; Eagan passe d behind them, blowing his
horn, and Powers said with an oath, "Don't
you 60 behind me-" at the same time he
made about two steps, and fired; Eagan fell
on his hands and knees and Powers fired
again; EaGan had told us nothing about his
having had difficulty, or Of his expecting
to me L any one at the Merchants Exchange;
Eagan always walked with his hand behind
MIN when drinking.
CrOSS-E 5GmiBed-NO one was in the sa-
loon except those whom | named; think
Jesse BransfOrd was in the hall; don't think
he saw the difficulty, if he was in the same
position that | saw him. l don't think
johnson was there. l don't know whether
Cox saw us 90 into the saloon or not; Eagan
called for drinks; my purpose in going into
the saloon was not principally to. take a
drink; Eagan was standing between me and
Powers when Powers called for liquor;
Powers didn't make any demonstrations
when he came in; didn't think he came in
for a fuss; | was not looking for a
fuss; think Powers had pair
of kid gloves on; Eagan didn't
notice Powers and Cox; he had as much
chance to notice them as l had; he saw
them, but didn't seem to recognize them;
| didn't understand Powers to say stake
your hands from behind you;" Eagan
hadn't drunk at all; | think Eagan's object
in walking was to walk up and down the
saloon; when Powers said, ''don'r you get
behind me- Eagan was about six feet from
Powers and about one step in his rear; Cox
was standing at the right of Powers; il
Eagan was drawing pistol,
don't think Cox could have seen
it. because he was nearly be-
hind Cox; Eagan's hand WAS on opposite
side; am satisfied he had only one hand tn
his horn; am satisfied he didn't have his
hand under his coat; when Powers told
Eagan to 60 from behind him, l was in
front of Eagan and Cox in from him; then
Eagan turned partly around and Powers
fired; think Landauer was the only man
| saw in the cigar store after Eagan was
shot; don't know whether Eagan had pis.
81 .p4