The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-06-20
LOCAL LORE.
The jury in the Cowart Case Speedily
Aequit.
The Verdict was Received with Spon>
taneOuS Applause.
Some Other Matters Local in Nature.


to hear the arguments in the case of III,
State vs.. Robert E. Cowart, charged witt
the murder of ]. NJ. Thurmond on the litl
of March, 1882. The particulars of this un
happy affair from its origin have beer
given in detail at they have transpirec
from time to ime, and it is not necessary
TO repeat them here. On the frs,
trial, it will be recollected, the defendant
was found guilty OF murder in the second
degree, and he was sentenced TO sever
years Imprisonment in the penitentiary
Subsequently new trial was granted. Tn,
case was then continued twice by the stats
at the settings. This time the prosecutor
summoned seven witnesses, the defepdan,
calling none, using the opposition's, Yes.
terday there were six attorneys represent.
ing the parties, viz; Messrs. BarksdaIe
Seay and Stemmons in behal of the state
and Messrs. Crawford, Wright and Combs
for the defense. Powerful and eloquent
arguments were made by each of the coun.
sci from p. IN. until 9p. m. The charge
of Judge George N. Aldridge was then
given to the jury, who retired to their room
ut 9:40. They were out some twenty.seyen
minutes, the bulk of this time being alb
sorbed in the selection of foreman, the
CuOlIc ihilihH vi MI. lave IlulUWuIpT. III
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
by the two tellers to read mot
guilty" Upon returning to the court.
room, this verdict was received
with the loudest spontaneous applause
Thus closes case which has created much
concern in this community because of the
prominence ofthe parties involved, and the
interest taken in their families who are
highly connected and respected here. Fol.
lowing Is
THE JUDGES CHARGE.
The State of Texas VS.. r. f. Cowart,-Gentle.
men OF the jury, you are instructed as TO lows:
The defendant, r. E. Cowart, is on trial
charged with the murder of j. NJ. Thur
mond. Owing to the fact that there has
been q former trial Of this case the defend
ant is not now Oh trial for any higher grade
of oflense than murder in the second de.
gree. Murder is thus defned-Every per
son with q 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
circums ances which reduce the otfense
to negligence, homicide or man.
slaughter, or which excuse o, Justify the
homicide. All murders committed by poi.
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 first
degree is murder of the second degree.
Malice means settled purpose to seriously
injure or destroy another. Malice atore.
thought means malice previously and de-
where one with cool, sedate and deliberate
mind and formed design kills
which formed design
is evidenced by external circumstances dis
covering that inward intention, such as
lying in wait, antecedent menaces, former
grudges 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 cause
which will in law justify, excuse or extern
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 as
would naturally and ordinarily produce
that result, and where the facts attending
the killing evince the ordinary symptoms
of wicked, depraved and malignant spirit
of a heart regardless of social duty and
the law imputes malice, and this is what is
termed implied malice"
All murder committed with express NAL
ice Is murder OF the first degree, and all
murder committed with implied malice is
murder Of the second degree.
Homicide is permitted in the necessary
defense OF person or property under the
circumstances and subject to the rules
herein set forth.
Homicide is permitted by law
when inflicted for the pur-
pose of preventing the ofiense OF
murder when the killing takes place under
the following circumstances;
First-It must acknowledgement by the
acts or by words, coupled with the acts OF
the person killed, that it was the purpose
and intent of such a person 10 commit the
oitense above named.
Second.-The killing must take place
while the person killed was in the act OF
committing the offense, or after some act
done BY him showing evidently an intent
to commit such an otfense.
Thirl.-It must take place.before ofiense
committed by the party killed is actually
completed.
Homicide is also justifable 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 to
ior the prevention Of the injury, ard the
killing must take place while the person
Ruled is In the very act Of making such I'M
lawful and violent attack.
The party whose person or property is
70 unlawfully attacked is not bound to re.
treat In order to avoid the necessity OF
killing his assailant.
1fyou are satisfied from the evidence be-
You'd . reasonable doubt that the defend
ant at any time prior to the 10Th day OF
March, 1882, in Dallas county, Texas, did
XII j. M. Thurmond in the manner and by
the means charged in the indictment
herein, and If you are 80 satisfied
beyond . reasonable doubt that such kill
ing constituted murder by defendant either
Of me first or second degree. Then, you
Shl hnd the defendant guilty Of murder OF
the second degree and assess his punish
ment at confinement in the penitentiary
ior "a term Of not less than five years.
\, The defendant in this case relies upon
the doctrine Of seli-defense. With refer
enee to this defense you are instructed as
follows:
IL, when the defe idant fred the fatal
shot. the appearances of danger were such
sSw0uld have caused q person OF reasona
ele courage and prudence TO have believed
mat he was in danger of losing his life or
suueripg serious bodily injury AT Highlands
VI y. M. Thurmond, then defendant had a