The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-06-21
LOCAL LORE.
The Jury In the Cowart Case Speedily
Acquit.
The Verdict was Received with Spon>
tane0us Applause.
Some Other Matters Local In Nature

subsequently new Iriai ""S s,on.So' NC
at the settings. This time the prosecution
summoned seven witnesses, the defendant
calling none, using the opposition's. Yes
terday there were six attorneys represent
ing the parties, viz: Messrs. Bar&sdale,
Seay and Stemmons in behalf of the state,
and Messrs. Crawford, Wright and Combs
for the defense. Powerful and eloquent
arguments were made by each OF the coun-
of Judge George N. Aldridge was then
given to the Jury, who retired to their room
at 9:4O. They were out some twenty-seven
minutes, the bulk of this time being alb
sorbed in the selection Of foreman, the
choice failing on Mr.. Dave Rainwater. 1t
appears that no discussion of the merits OF
the cause took place in the room, but each
member wrote upon. a ticket or slip OF
paper his own verdict, which on being
taken from the hat were all found
bv the two tellers to read mot
guilty" Upon returning to the court;
room. this verdict was received
with the loudest spontaneous applause.
Tins closes a case which has created much
concern in this community because OF the
prominence ofthe parties INVOLVED, and the
interest taken in their families who an
highly connected and respected here' foi-
THE JUDGES CHARGE.
The State of Texas VS.. R. E. CONFERENCE.-The
men of the jury, you are instructed as follows;
The defendant, RE. CoWart, is on trial
charged with the murder OF j. M. Thur-
mond. Owing to the fact that there has
been a former trial Of this case the deiena'
Of offense than murder in the second de-
gree. Murder is thus de6ned.,Every per
SON with a sound memory and discretion
who shall unlawfully kill any reasonable
creature in being within this state, with
malice aforethought, either express or I'm
Piled, shall be deemed guilty OF murder.
Murder is distinguishable from every other
species of homicide by the absence OF the
circumstances which reduce the offense
slaughter, or which excuse or justify the
! homicide. ALI murders committed by pol
son, starving. torture, or with express mai
ice. or committed in the preparation or IN
the attempt at the preparation OF arson
rape, robbery or burglary, is murder IN the
first degree, and all murders not OF the hrs'
degree is murder Of the second degree
Malice means settled purpose to seriously
iniure or destroy another. Malice aiore'
iiberately entertained. Express malice Is
where one with acool, sedate and deliberate
mind and formed design kills
another. which formed design
ia evidenced by external circumstances dis
| covering that inward intention, such al
| living in wait, antecedent menaces, former
| erudges and concerted schemes to do him
some serious bodily injury. Implied NAL
| ice is malice which the law presumes from
facts and circumstances which surround
killing.
Where a killing occurs without any caus'
| which will in law Justify, excuse or exten
uate the homicide, and not under the i'm
mediate influence of sudden passion arts
| ing from an adequate cause, and where the
means used to produce death were such a:
would naturally and ordinarily produce
that result, and where the facts attending
the killing evince the ordinary symptom
of a wicked, depraved and malignant spiri
of a heart regardless OF social duty ant
fatally bent on mischief, to snch killing
the law imputes malice, and this is what i
termed implied malice: !"
| All murder committed with express NAL
ice is murder of the first degree, and al
murder committed with implied malice i
murder of the second degree.
| Homicide is permitted in the necessar,
defense OF person or property under thu
circumstances and subject to the rule
i Homicide is permitted by Law
when inflicted for the pur
nose Of preventing the offense o.
murder, when the killing takes place undel
the following circumstances:
First.-It must acknowledgement by the
acts or by words, coupled with the acts
| the person killed. that it was the purpos'
and intent of such person TO commit TIM
offense above named.
Second.-The killing must take plac'
while the person killed was in the act o
committing the offense, or after some acl
done by him showing evidently an ipteni
TO commit such an offense.
Third.-It must take place.before offenss
committed by the party killed is actually
completed.
Homicide is also justifiable in the pro
lection of the person or property, against
any other unlawful and violent attack be-
side that above mentioned; and in such
cases all other means must be resorted 10
for the prevention OF the injury, ard the
killing must take place while the person
killed is in the very act of making such I'M
lawful and violent attack.
The party whose person or properly Is
treat in order to avoid the necessity OF
killing his assailant.
n Won are satisfied from the evidence be-
yond A reasonable doubt that the defend
ant at any time prior TO the 18th day OF
March, 1882. in Dallas county, Texas, did
kill J. M. Thurmond in the manner and by
the means charged in the Indictment
herein, aud If you are 50 satisfied
beyond a reasonable doubt that such kill
ing constituted murder by defendant. either
Of the first or second degree. Then you
will find the defendant guilty Of murder Of
the second degree and assess his punish
meut at confinement in the penitentiary
for a term Of not less than five years.
The defendant in this case relies upon
the doctrine of seli-defense. With refer
=. At IN az
follows:
III when the defendant fired the fatal
shot. the appearances Of danger were such
a. would have caused a person OF reasona-
BE courage and prudence 10 have believed
that be was in danger Of losing bis life OF
suffering serious bodily injury Al the. hands
M i M. Thurmond, then defendant had
riebt 10 Kill J. NJ. Thurmond, and such q
Filling would be q killing in self-deiense,
and III you % find you will find the defend
me shove instruction is given you sub
iecf 70 the following qualification:
The ststs in this case asserts that the de-
lendeut provoked the difficulty which re
suIted In the death Of J. NJ. 1burmo1d
and thereby produced the necessity for the
hi defendant provoked the combat in
vhioh b. killed }. N. ThurmOnd. with the
Intention Of killing said ThurmOnd, and
r--ir- n the killing did not abandon The
diairulfv and decline the combat, then de-
ferderffs richt 70 XII Thurm0nd 20
ave rs own life Or 70 save himself from
.erious bodily injury, would Be cut On and
. Killing under s1ch a rate 81 fncts would
nd b = killing IN sslfdefsnse.
Iris instruction ssps-stes itsslf INTO two
Fi-~-DSs u. 5sfsndsnt prOvoks TIE
,oubrf. IN vhirh Thurn01d los his lifs.
IN irisrf 70 kiIl Md Thurno117 UD6sr