The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-05-11
rnnlnMAnI NAAn.
The verdict. of the Jafy SGT Aside. The
charge, Etc., Eio


Tholury in uooisc of the STAG w. H.
v. Cowut charge with the killing Of
Judge 81. Thurmonl, returned q verdict
yesterday morning, finding him guilty Of
murder m the second degree, and Gxl g
his punishment at seven years In the state
pcni,cntiary. The verdict startled the pub
lie, which, generally speaking, anticipated
an acQuttal. The prisoner was remanded
to jail and his attorneys gave notice
that they would make motion at q
O'Clock p, m. for new trial. There was
some excitement created by an article pub
lishcd in the HERALD concerning the jury,
in which it was intimated that they had
aboard too much intoxicating drink The
HrnALp's reporter who overheard the talk
of the jury in the jury room, perhaps la
bored under mistake when he reported
that portion Of that body was drunk, yet
according TO evidence since obtained, there
is hardly Il question but that there was
liquor in the room, or that some members
of that jury had procured it.
The accusation that there was whisky
used by the Jury is based upon tbs follow
ing facts; Mr.. Brandenburg, one OF the
Jurors, says that Mr.. Byrd, another juror,
was sick, and procured q flask of whisky
and jamaica ginger, and gave him drink
of it,. DR.. Turner, living two miles east of
the fairgrounds, stated in the presence of
Mr.. Andrews, Of Fort Worth, and DR., G. II,
Keller and others, that directly after the
verdict had been rendered, juror showed
a pint-bottle with very little liquor let in
il, and remarked, this is all We had left F"
Mr.. w. A Kennedy, Of the Crutchfeld
house, says that while the jury were at
supper the night before the verdict was rem
dered, that one of the jurors requested him
to get him (the juror y bottle of whisky.
He went to the New Idea saloon and got
The whisky and had ginger injected in it.
The bottle was given to the juror and he
put it in his pocket and returned to the
jury-room.
Further, the conduct of the Jury in the
iury-room was such as to induce persons
outside to suspect that they had been drink
ing.
The reporter OF the HERALD had no inten-
tion to do injustice to any, not even the
Jurors, but simply to give facts.
IL would be tar from him to say anything
that would reflect upon the officers of the
court and he certainly did not 50 intend
his remarks. The jury was sworn yester-
day morning in open court and questioned
as 10 there being whiskey in the room, and
we understand each OF them denied the
charge. How, then, will we reGopcile the
statement OF Mr.. Brandenburg and others,
with the oaths of the jurors?
After the examination Of the jury the
Judge had the clerk enter an order tor
Messrs. Pfouts, Elliott & Hall, proprietors
of the HERALD, to appear and show cause
why they should not be fined 500 for con
tempt of court. The proprietorS were not
in the office when the article was put in
type and disclaim any intention to treat
the court or any of its officers with con
tempt or disrespect, and in answer
to the judgment nsi hopes TO be able
to show this TACT to the court. 1t has ever
been the purpose of the HERALD and its
local reporters to maintain the dignity and
respect due to all the courts. Upon the
return Of the verdict the counsel for the
defendant at once filed a motion for anew
trial, upon the ground that the verdict was
contrary to law and against the evil
dence, and that, the verdict had
The prosecuting lawyers asked time to
prepare to met this motion, and insisted
that they could not be ready before 6
O'Clock in the evening. The time was
granted Ivy the court and, upon the re-
assembling of the court, the defendant
withdrew the alleged ground against
the verdict that it was found by
lot, anu TellGu dlOlc Oh Ine
ground that the verdict was contrary to
law and against the evidence. Upon this
issue alone the motion was presented to the
court i'll an argument covering about fifteen
by Mr.. Robertson, for the defend
ant. Mr.. Seay, the county attorney, FOL
lowed Mr.. Robertson, for the state, against
the motion, in speech covering
nearly an hour and he was followed by
Judge Bark sdale, also for the state, who
mt
and a half remarkable alike for its earnest
ness and speciousness. The charge of the
court was not put in issue by the motion,
but Judge Barksdale devoted nearly hall
the time of his argument to the
oint praise of the charge and
he court The result shows the effect of
he argument. The court declined to hear
urther argument from the defendants |
counsel, and granted the motion.
The verdict of the jury was great sur
Prise TO every one, and the action of the |
court in setting it aside is generally APP |
1lauded as just.
THE CHARGE.
So jGl5-The State of Texas VS.. r. T.. Cowart
GENTLEMEN OF THE JCRY:-lh he court i'll
tructs you as follows: The defendant is
m trial charged by bill of Indictment with |
he murder of j. NJ. Thurmond. Murder
$ thus Defined Every person with a sound |
memory and discretion who shall uulawf,illy |
ill any reasonable creature IN being within |
his st tie, with malice aforethought, either
xpIess or implied, shall be deemed guilty |
# murder. Murder is distinguishable |
rom every species of homicide by
which reduce the offense to negligent hom
ide or manslaugnter, or which excuse or
Justify the homicide.
All murder committed by poison, starv-
AZ, torture, or with express malice, or
ommitted in the preparation or in the At
empt at the preparation Of arson, rape,
obbery or burglary, is murder in the first
egree, and all murder not of the first de-
rec is murder Of the second degree.
Malice means a settled purpose or inten-
ion to seriously injure or destroy another
Malice afOrethought means malice pre-
iously and deliberately entertained.
Express malice is when one with a cool,
edate, deliberate mind and former design
9th kill another. which former design IL
by external circumstances dis
oyering that inward intention, as lying in
rait, antecedent menhces, former grudges,
nd concerted schemes TO do him some
rious bodily harm.
Tbe,e words cool. scdate, deliberate
lind" are not, however, to be under
odd ia an absolute ana uncOndi.
onal sense. for IL would be
iniOst impossible that any one not alto
ether devoid Of human sensibDities couli
design ~ take the lie oi a Eel
iw-oeing, with an absolutely calm and un-
liled Mind; without any character Of men-
Il rxtifemeut WhateveT. Bot they 10 i'm
~ that the mifd must be sufficiently
.u posed. cain and uudisi urbcd % admin
r,nscfion aud consideration Oh tLr de-
IN 10 KILT That 10 is ~ a condition O.
iiapfoa.id aud unierstanis iie uaius.
ii .haracler 81 81 act de- "a d. and be-
rtsrahie consequences AID rctuiis.
The act must ud result frum
mere sudden, Fash snt immeliaic de-ign.
snuninr frum an iucOu-iderafe imIfli.e.
session ~ eNcierneft. hnWevef uriusiiha-
+ AID uuNurranied % mat b.. Or D. s1ah
- tie sirlIl. sfdaie deliuerae mint d
sntii.s. add without il there can be n0er.
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