Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-19

daylight this morning. It numbered
sixty-two typewriter pages Of about 400
words each. Lawyers, say it is the most
comprehensive and clear charge ever de-
livered in a Tennessee court and includes
In the theories of state and defense, q
digest Of the testimony OF every witness
who testified on either side.
The court room was empty at S:45 a. m,
but at $780, when the judge began TO
read, 1t was packed to the four walls.
The word had gone out that the final
scene in the drama was set and the au-
dience rushed to witness it.
''Witness of the Law"
THE law makes the Judge the witness
of the law" remarked Judge Hart, so
/ will now 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 addi-
ton, asked and received a detail of ten
uniformed patrolmeH, who were sta
toned around the bar. II do not an
ticipate any demonstration" he said.
but 1 will run no risk of having one
at the eleventh hour
Defines Overt Act
The courts definition of an overt act
was general in character and he instruct
ed the Jurors that they must decide
whether or not the Coopers committed
an overt act when they crossed the street
to meet Carmack.
The defendants neatly attired and clean
ly shaven, were brought in and for a
moment, held a levee near the bal.
Their friendh and relatives crowded
around them, shook hands and predicted
that they would all take dinner at home
tonight Mrs. Burch and Mrs. Wilson.
Col. Cooper's two daughters, leaned
eagerly forward anu crank in every word
Of the charge.
AS the court declared that no epethet.
editorial or speech, was sufficient to JUS
tify even an assault, both girls frowned
and Mrs. Burch closed her eyes for a
moment. when she opened them, they
were filled with tears. The words death
by hanging" made both young women
vince.
Mrs. Carmack, shrouded in black from
head to. foot, was again in court, her
head upon her sisters shoulder,
her son on the arm of her chair. A
half hundred women friends stood or sat
behind he'd and adjoining counsel for the
state
Two private detectives stood near At
torhey-General McCarn's chair and kept
q watchful eye on the crowd.
Judge Hart finished his charge at u:15,
having read rapidly for nearly two hours.
The Jury at once retired to their room
after way had been cleared for them
through the throng within the bar.
Sheriff Borum placed two deputies on
guard at the jury room door. and two
more at the foot of the stairs Leading to
the third floor, upon which floor the room
is located. No one was permitted even
to loiter around the foot of those stairs.
At 1880 the jurors declared they were
hungry and were taken to luncheon.
The Jury has returned to its room for
further elaboration. There are no indica-
lions that a verdict will be reached very
soon.
Four Distinct Felonies
Judge Harris charge to the jury Is
quite lengthy. 1t begins:
Gentlemen of the jury: The indict-
ment in this case charges the defend
ants, Duncan Brown Cooper, Robin
Cooper and John d. Sharp with the
crime of murder in the first degree, al
legged to have been committed upon the
person of one Edward Ward Carmack.
while this indictment contains but
one charge upon its face in contempla-
ton of law, 1t embraces four distinct
felonies: Murder in the first degree;
murder in the second degree; voluntary
manslaughter and involuntary man.
slaughter. Without reference at present
to the facts of this particular case,
shall now proceed to explain to you
what in law it takes to constitute each
of these different offenses.
by section 6S4S Of the code, 1t is pro-
vided as follows:
eff any person OF sound memory and
discretion unlawfully kill any reasonable
creature, in being and under the peace
of the state, with malice aforethought,
either express or implied, such person
shall be guilty Of murder.
Defines Murder Degrees
ct is provided by section 5S4s of the
said code that every murder perpetrated
by means Of poison or lying in wait, OF
by any other kind of wilful, deliberate
malicious and premeditated killing, or
committed in the preparation of or at
tempt to perpetrate any arson. rape,
robbery, burglary or larceny, is murder
in the first degree.
"By section 1854. manslaughter Is thus
or implied, which may be voluntary
upon a sudden heat or involuntary, but
in the commission of some unlawful
act.
when the act Of killing is not done in
the commission OF, or attempt to commit
some one Of the felonies named in Sec
ton 5349 Of the code, above quoted, nor
by poison, nor by lying in wait, in order
that 1t may be murder in the first degree.
the killing must be done wilfully, that
is, of purpose with the intent that the
act by which the life of the party is
taken should have that effect, deliber-
ately, that is. with cool purpose; ma
lioiously, that is, with malice afore-
| thought, and with generalization, that Is
design to kill must be formed before
the act is done by which death is pro-
duced.
The Distinctive Feature
,'The distinctive feature of murder In
the first degree is generalization, and this
element involves previously formed de-
sign or actual intention to kill. 1t is net
necessary that such a design should have
been conceived, or pre-eXisted in the mind
Tor any definite period of time anterior to
it's execution.
"The purpose to kill is no less pre-
medtated, in the legal sense of the term,
IL il was deliberately formed but a min
ute preceding the act by which death is
produced than if it had been formed an
hour, or other period of time before. The
I question of vital Importance is: was the
mind Of the assaiIant at the moment of
tho killing. so far free from excitement
or passion as to be capable of premedi-
tation. as before explained, and was the
death Of the party slain the object sougli,
to be accomplished-the end determined
on"
Malice is Defined