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Show plation of law, it embraces four distinct dis-tinct felonies: ' "Murder in the first degree; murder in the Hccond decree; voluntary manslaughter man-slaughter and involuntary manslaughter. manslaugh-ter. Without reference at present to the facts of thl? particular case, 1 shall now explain to you what in law it takes to constitute each of theeo different offenses." Judge Hart then at length denned the various felonies mentioned. "The distinctive feature or murder in the first degree," said he, "is premeditation, pre-meditation, and this element involves a previously formed design, or actual Intention to kill." Judge Hart defined malice, and declared de-clared it was the plrnclpal inrgedlent of murder in the second degree. Judge Hart defined heat of passion as excitement of such a nature as would obscure reason of any ordinary ; man and render him liable to do an j act which might cause death. I "Previous threats by the deceased j made against the defendant, or acts of l hostility toward him, or previous abuse j of him, how violent so ever It may have been, or trespasses upon his property," prop-erty," continued Judge Hart, "Is not such provocation as the law recognizes recog-nizes as sufficient to reduce an unlawful unlaw-ful killing to manslaughter, if the killing kill-ing was done at such time as had I lapsed after these things had been ! done, as a reasonable person would have regained self-control, and a killing kill-ing under these clrcumstance3 would have been deemed by the law mall- clous, and not the result of provocation, provoca-tion, and, therefore, murder. In other ; words, if there ha I been sufficient time for the passion to cool, the provo- cation will not mitigate a subsequent ; 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 reason-able time for the passion to cool in the case of any ordinary person. This must depend upon the circumstances of the particular case under lnvestl-gation. lnvestl-gation. "Involuntary manslaughter is a case of killing, where it plainly appears that death was not intended, but was the result of some unlawful act. "You enter upon .this Investigation with the presumption that the defendant defend-ant is not guilty of any crime and this presumption stands as a witness for him until it is rebutted and overturned by competent and credible proor, suni-ciently suni-ciently strong to satisfy you beyond a reasonable doubt that the defendant is guilty of some one of the offenses which have been heretofore defined and explained to you." Judge Hart finished his charge to the jury in the Cooper-Sharp murder case at 11:15 thlB morning and the Jury at once retired. The jury returned to its room at 1:20 p. m. after having gone to lunch. There were no indications that a verdict ver-dict would be reached very soon. COOPER'S JURY IS U i. Verdict in Great Murder Case is Awaited Judge's Charge Nashville, March 17. Judge Hart began his charge to the jury at 9:30 this morning in the Cooper-Sharpe trial for the murder of former United Slates Senator E. W. Carmack. The stenographers stenog-raphers had worked all night on the , document which contained over 20,000 words. Lawyers say It is the most j comprehensive and clear charge ever 1 delivered in a Tennessee court, and'1 includes, in the theories of state and defense, a digest of the testimony or every witness who testified on either side. When the judgo began to read, the court room was packed to the rour walla. "The law makes the judge the witness wit-ness of the law," remarked Judge Hart, "so I 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 montns, and began be-gan to read. Sheriff Bortim had a dozen doz-en deputies tea tcrca through the room, and In addition a detail of ten ! uniformed patrolmen were stationed around the bar. j "I do not anticipate any demonstra- ; tlon " he wild, "but I will run no risk of having oui at the eleventh hour." ' Af'er reallng tho lnfctment, Judgo ' Hart tald: "While this indictment contains but one charge upon its face, in couieni- |