The Topeka state journal., 1909-03-17
JURY IS CHARGED.
Judge Hart Sets Forth the Law
in the Cooper Case.
In Which Three Men Are In
dicted for Carmack Murder.
CHOICE OF VERDICTS.
Either of Four Different Find
ings May Be Returned.
Previous Quarrels We're NOJusti-
ficatiOn for the Killing.

| Nashville, March 17.-Judge Hart
| began his charge to the jury at $50
| this morning in the Cooper-Sharp
| trial for the murder of former United
! States Senator E. w Carmack The
! stenographerS had worked all night
| on the document which contained over
! 10000 words. Lawyers say it is the
most comprehensive and clear charge
ever delivered in Tennessee court,
| and includes in the theories of the
| state and defense a digest of the testi-
mony of every witness who testified on
either side. When the judge began to
read the court room was packed to
the four walls
"The law makes the judge the wit
ness of the law remarked Judge
Hart CSC I will not take the witness
stand and give my testimony" He
left the bench, walked around to the
chair which has been the center of
attraction for two months, and began
to read. Sheriff Borum had a dozen
deputies scattered through the room
and in addition, detail of uniformed
patrolmen were stationed around the
bar 81 do not anticipate any demon
stration,' - he said 'but L will run no
risk of having one at the eleventh
hour"
After reading the indictment Judge
while this Indictment contains but
one charge. upon its face. in contempla-
ton of law, it embraces four distinct
Ffelonies:
Murder in the first degree; murder
in the, second degree; voluntary man
slaughter and involuntary manslaugh-
ter Without reference at present to
the facts of this particular case, 1 shall
now explain to you what in law it takes
to constitute each of these different Of
fenses.''
Judge Hart then at length defined the
various felonies mentioned.
THE distinctive feature of murder in
first degree
tation and this element involves a
formed designed, or actual intention to
KILL
Judge Hart defined malice and de-
clared it was the principal ingredient
of murder in the second degree.
Judge Hart defined heat of passion as
excitement of such a nature as would
obscure the reason of any ordinary man
and render him liable to do an act
which might cause death.
Previous threats by the deceased
against the defendant, or acts of hos
tility toward him, or previous abuse of
him, how violent soever it may have
been or trespasses upon his property"
continued Judge Hart, lis not such
prevocation as the law recognizes as
sufficient to reduce an unlawful killing
to manslaughter, if the killing was
done at\such time as had lapsed after
these things had been done as a rea- |
sonable person would have reSa1ned
self-control and a killing under these /
circumstances would be deemed by the /
law malicious and not the result of
provocation, and therefore murder. In
other words, If there had been suf-
ficient time for the passion to cool, the /
provocation will not mitigate a sub
sequent killing to manslaughter. The
question is not whether the blow was
actually struck in the continuance OF
passion but whether there had been a |
reasonable time for the passion to cool
in the case of any ordinary person
This must depend upon the circum-
stances of the particular case under IN
vestigation.
Involuntary manslaughter is
case of killing where it plainly ap-
pears that death was not intended,
but was the result of some unlaWful
act.
"You enter upon this investigation /
with the presum ption that the defend-
ant is not guilty of any crime and |
this presumption stands as witness ,
for him until it is rebutted and over
turned by competent and credible |
proof, sufficiently strong to satisfy |
YOU beyond a reasonable doubt that
the defendant is guilty of some one of |
the offenses which have been hereto I
fore defined and explained to you.
Judge Hart finished his charge to
the jury at 11:15 and the jury at once