Telegram-herald., 1890-10-23
WILL FACE A TRIAL
And II VII be FOR Murder in the
FIRST Degree
WILnlH ElGlsS NARROW LINES
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sg0uy and Jhe same doWaeast look u
despair Wheh be has worn since ths
moment of hls ArFsst for tn4 murder OF
Pagf.ck CfCounor His attorneys
further examination And Eagan was
held to ths ne1t term of the superior
coars to ansNsg TO the charge OF muir
DIR % ghe hrsl degree.
Nearly as much interest Nas shown
by tle outside public and by the agtor-
news on hotn sides As il ne had been &C
tlAly on trial for as lie. AL the
eoarl room seats were allied and many
Spectators lad % stand. Extra seats
provided Nishlu tao bar Tor ladies' were
all L.ed cy luea1s aad relatives OF
totu tle slayer aud the slain. among
t.el BENG the mother and sister OF
ta-au. The parting yesterday between
mother anu prisoner Was affecting
tlo-gl much less uenrt-reudns imam
upol tOfmer occasions.
tFoeecutiug Attorney stuart appeared
on behalf 0l the people. aud both mem-
bars 0t tne Lowell law urm OF Matthew
SON s. salisbury appeared Tor the re-
sroudcnt. When the time for the ar
guuents came Mr.. stuart seemed 10
lake for granted that Eagau would
hc neld Tor murder, and he VAS not dis
posed to discuss the testimony, but was
afterwards drawn into 4 sOrt OF run
nng coloquial debate With his legal
antagonists, covering an hours time.
Judge MatthewsOn first addressed the
court tie said, Il am aware that this
u question of no ordinary magnitude.
l am also aware that the rule applies
As 20 the duty Of the court as If il were
a common case Of assault and bat
teTy. There are two propositions
only which l shall urge upon
the consideration OF the court.
The first Of these propositions is
that the court must tind that a crime
has been perpetrated. | hold that
neither bv direct or by indirect testl-
mOny, nor by contamination, has
this been shown. The undisputed facts
IN the case, 10 begin with, are that this
man (meaning Eaganl Was assaulted,
and OCOnnor was killed. IL this assault
WAS not followed up by the respondent,
he could not be convicted, even OF as
sault and battery. II the man Is con-
victed, u must be from his own mouth,
and all ms words are that ne was as
saulted, and ID at ne didn't know O'Coa-
nor was dead until the girl told him so.
In Justice to this respondent, ar~i IN
justice to the people, think this I'm
ought TO be discharged, so that no more
costs De made. insist that no crime
has been committed.
my second proposition IS that If no
crime has been committed, this man
cannot be held for committing one"
Mr. stuart arose very much surprised,
aud said SO. He described the finding
OF q dead body IN the early Sunday
morning, and the all day search of
rational explanation of the mystery,
the discovery of the lady who possessed
the secret, and the consequent arrest of
Eagan. He then went over the story
of the Saturday night party. of Esgan's
inviting Minnie Dyer 10 take q walk,
dunng which he volunteered the re-
mark that they would not probably
dance together again, and If she ever
had 4 chance 10 dance with O'Counor
she had better do II, or words TO that
effect. lie then described how Eagan
took the glrl directly 90 the body, never
doubling that be would find lt there.
"DOas that look like an accident? Is il
not rule of law that what man SAYS
under such cIrcumstadces must be
behevedf'
Mr.. Mathewsou replied that Mr.. Stu
art and he understood the testimony
differently. There was something said
apOut their never again dancing to-
gether. but the crOss-examInstlOn of
the grl brought out the fact that this
occurred on their way back from their
visit 20 the body. and not on the way
thither. When they went TO see the
body the lady discovered the man was
dead and Eagan did not know 1t before,
Gud it was on the way nome that the
IomarS about dancing again together
was made by respondent"
Here the court IuterpOsed, and at the
first word Pagan looked up a moment
from MS detection, and cast his eyes
downward again directly, sll as If a
sudden spark of hope had been instant
ly extluguisaed. HIS honor said:
''Ine only question seems TO be as To
Zoe degree Of toe Otense.'
Mr. salisbury here addressed the
court, saying There must be an IN
tent or iylng In wait. and do not see
how man can be held for murder IN
the first or second degree. unless this
intent "a shown" But the court had a.
rtsdy minated that that matter was
already settled N ms own mind. The
contest. after TINS, was on the question
OF the degree of murder. The mean
ing Of the statutory definition Of muir
der was then discussed. which says
Lying IN wslt or any other kind Of
wi.ful. deliberate OF premeditsted kill
ing" The court thought the whole
question Of generalization or dehbera-
ton n this case ought 70 90 70 jury.
William Pagan was, therefore, held 20
the nsx5 term Of The Superior court,
charged w.tn murder in tue hrst de-
gree.
Both If the respondentscounsel then
shook hands Nth their client. whisper
ed few words softly into Ms ear. and
hastily withdrew from the court room.
The prisoner arose. imprinted kisses
upou tne lps Of MS mother and MS
sister. snd retired to the room below.
TIE sensation Of the day Vas over sad
the crowd rushed 20 rldeiy from the
court thst they we're rsbuked by the
haihf
At Rrrfr,.x Taro