The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1885-05-23


Cooper-An Effort to Get his Case into the
Y. 8. Court.-Messrs. White and Weld, counsel
Tor Howard Cooper, the brutal assailant of Miss
tray, on Tuesday made an effort in the city
criminal Court, to which tribunal the case was
removed from Baltimore county, for the removal
OF the case to the United States Circuit Court.
Counsel claimed that the Baltimore county Grand
Jury was illegally constituted, insomuch as color
ed men were partially Disseminated against in
the selection. Article 81, section /, of the Code
OF Public Local Laws, provides that the clerks OF
the counties shall select list of "white" males
from the persons who appear on the tax lists OF
the countless and, section 2, that it shall be the
duty of the judges to select from the list 80 fur
nished and from the poll books used at the last
general election persons to as jurors. Coun-
sci for Cooper argued that as colored persons
excluded from the list made up from the tax lists,
this was "partiaP discrimination, at least; and,
according to the decisions of the Supreme Court
of the United States, an abridgement of privileges
amounting to actual discrimination. Deputy
States Attorney Cans and States Attorney Burke,
of Baltimore county, both argued that the pro-
visions of the code referred to were simply direc
tory, and not mandatory; that the judge who
selected the jury could entirely ignore the list of
white taxpayers, and draw the jurors from the
poll books if he chose, which books contained the
names of both white and colored persons. Mr..
Cans read an affidavit of Judge Fowler, who
selected the jury, that he did so fairly and i'm
partially, according to law, and that no distinc-
ton was made on account of race or color.
Judge Stewart agreed with counsel for the state
that the judges in the counties could select the
jurors entirely from the poll books if they chose,
and overruled the motion for removal.
Counsel for Cooper then asked leave to with
draw the plea of not guilty entered in Baltimore
county, in order to enter a plea in abatement.
This was done in order to take advantage of any
"actual' discrimination Judge Fowler's part,
the court having ruled that he could not have
done SO in law. The state also opposed this mo-
ton, and it being within the discretion of the
court to either grant or deny, Judge Stewart also
overruled that motion. Exceptions were noted
to both rulings.
CooPER's TRIAL AND CONVICTION.
The trial of Cooper was commenced in the City
Criminal Court at 10 o'clock Wednesday morning,
Judge Stewart on the bench. An hour oc-
cupied in obtaining jury and the following were
| finally sworn: Jas. T. Parsons, I. NJ Kelly, 7 j.
! Brown, Jr., Chas. A. Swami, Albert Share, F. G..
| Stocksdale, Henry Isensee, VIM. ]. Burke, Arthur
Schlegle, Simon Cronise, Edw J. Storck and J. j.
Smyth. Messrs. VIM. G. Weld and A. R. White,
| having been assigned by the court, appeared for
the defense, and States Attorney Kerr, of Balti-
more, and N. Chas Burke, States Attorney for
Baltimore county, and Hon. ]. Fred. G. Talbot
| for the State. Miss Gray, the victim Of the as
sault, accompanied by her father and mother, was
large number of persons being present from
Baltimore county, showing that deep interest
was taken in the trial.
The case was opened by Mr.. Burke, who graph
icaly described the crime in all its horrible de
tails The defense offered no testimony, but asked
for verdict for attempted assault in the as
| presented by the State. The witnesses for the
State, all of whom were examined, were Miss
| Gray, her father, Mr.. D. G. Gray, DIR. H. L.
Naylor, Chas. B. MCLEAN, county surveyor, who
| made plat of the ground where the assault was
committed, and Moses Sheridan, colored, to whom
| Cooper made partial confession of the crime
The evidence against the accused was of the
| strongest character, and Miss Gray positively
| identified him as the man who had assaulted her.
She sat very near the jury, gave her testimony in
a subdued voice, but very intelligently, and her
lady-like appearance and demeanor at once ex-
cited the sympathies of all present.
When the testimony was concluded the State
| offered to submit the case without argument, but
to this proposition counsel for defense objected
Mr.. Burke then addressed the jury in powerful
speech of about half hours duration, the effect of
| his words upon the jury being plainly apparent.
Messrs. White and Weld made brief arguments,
asking the jury to find that Miss Gray was mis-
taken to the vital points in her testimony, and
| to find verdict ON the second count in the in
| dictment-assaut with intent to kill. States At
torney Kerr closed for the prosecution and paid a
high tribute to Miss Gray, who showed willing
ness to before the jury and tell the story Of
| the assault. In a minute after Mr.. Kerr had
concluded, the jury, without leaving their seats,
returned a verdict of guilty, and as the foreman
| announced the verdict Cooper called out, 81 am
| guilty of beating her, but of nothing ese." The
prisoner who manifested much uneasiness through
out the trial, was taken back to the city Jail.
| SENTENCED TO DEATH.
On Thursday morning, during a recess OF the
| waq fol w frOm 10 iai
to the Criminal Court room and Judge Stewart
passed the sentence upon him. He was very
nervous and when asked if he had anything to
| say he replied nothing" The Judge then said
"The crime of which you have been convicted
is one which is regarded in this community as
deserving of the severest punishment The victim
| of your lust was young lady, whose reputation
was unblemished and who never gave you cause
to approach her except with the utmost respect
1t is true that her life was spared, but with the
| humiliation that her person has been violated
1 by Of the most depraved of the human family
| The court is allowed discretion between death
| and imprisonment as punishment for the offence
but the circumstances attending the preparation
| of the crime Of which you have been convicted
show no mitigating circumstances whatever. 1t is
to be hoped that the sentence now about to be i'm
posed may have its effect, not only in leading you
| to repent of your past life and prepare to meet
your Maker, but in lettering others from the
commission of like offence. The sentence OF
the court is that you shall suffer death by hang
ing by the neck, and under the provisions of the
law the court remands you to the Jail of Baltimore
county, the county in which the Indictment on
which you were convicted was found, where the
sentence now imposed upon you shall be executed
| The Governor will fix the day of execution"
Messrs. Weld and White, counsel for Cooper
will carry the case to the Court of Appeals upon
wri. of error as to the ruling of the court in not
allowing the removal of the case to the U. S. Cir
| cult Court for trial, and in not permitting the
prisoner to withdraw his plea of "not guilty"
| It Is doubtful whether the case will ever reach a
higher court, and even if it should it is believed
that Judge Stewards opinion will be sustained.