The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1909-03-25

ator Carmack---Causes Tha
Led Up to the Tragedy ane
Long Drawn Out Trial.
Nashville. Tennessee, March 90
Guilty of murder in the second degree
with twenty years imprisonment az
the penalty, was the verdict OF the
Jury today in the case against Col
Duncan B. Cooper and his son. Robin
Cooper, charged with the murder o.
former United States Senator E. W
Carmack.
The verdict, coming as it did upon
| the heels of Foreman Burke's declara-
ton yesterday. that 1--WE are hope
IessIy tied up as to the COopers,
was a decided surprise. The jury
yes terday acquitted John d. Sharp,
a co-defendant. Immediately the de-
tense moved to set aside the verdict
because of the verdict of disagree
ment of yesterday and asked the
| court to declare it mistrial.
RumOrs that the jury had agreed
brought a crowd to the court room
this morning and caused the presence
| Of the attorneys Oh both sides long
| before the usual hour for converting.
| AS soon as Judge Hart entered court,
| and even before he removed his coat,
he ordered the jury and the defend
ants brought into court. Il under
| stand they have agreed" he said to
| the press table, land am sending to
| see.
THE VERDICT.
Exactly at 9:25 A. NJ. the twelve
| men entered the room and took the
same seats they have occupied for
| nearly nine weeks.
"Have you agreed upon a verdict,
gentIemen?" said Judge Hart.
eve have" replied Foreman E. NJ.
Burke.
"Advance. Mr.. Foreman, and read
the VERDICT
eve, the jury, find the defendants.
Duncan B. Cooper and Robin j.
Cooper, guilty of murder in the sec
ond degree and assess their punish
| ment at confinement in the State
penitentiary for period of twenty
years"
The Jurors looked worn out and
| when the court remarked, 81 thank
| you, gentlemen, for your patience
and devotion to the State and dis
miss YOU to YOUR homes and to your
| personal avocations," the entire
twelve sprang from their seats as
one man and huTiedly left the court
| room.
The defendants took the verdict
cOOlly, almost without emotion.
Judge Anderson, of the defense, rose
at once, exclaiming: "YOur honor,
we move the case be declared a mis-
trial because of the verdict yesterday.
We contend that yesterdays verdict
was the only one and that it acquit-
ted John Sharp, but declared dis
agreement on the other defendants.
We also ask that the defendants be
admitted to bond at once"
"The verdict of the Jury makes it a
bailable case" was the court s retOrt.
"Hencp, will fix the bond of each de-
PENDANT at 49,, 900"
| -
The Jurors were notinclined to talk
bnt one of them said: ''On the first
ballot we acquitted John Sharp and
disregarded the conspiracy theory.
Son the same ballot we stood six
for guilty of murder in the first de-
gree with mitigating circumstances;
five for murder in the second degree
with twenty years, the maximum
penalty, and one for acquittal. The
ballots all day Wednesday and Thurs
day showed the same result.
yesterday the man who voted for
acquittal went over to murder in the
second degree but demanded that
only ten years be assessed. The rest
of us did not deem ten years as any
thing like adequate so we disagreed
again. OF course, all this refers to
the Coopers, not Sharp, whom we
had acquitted.
early this morning the man who
was holding out for ten years agreed
to twenty years and the six who were
voting for first degree verdict
agreed to this verdict"
The Cooper-Sharp trial has been
one of the most remarkable murder
cases in the history of the South, not
only because of the prominence OF the
principals in the tragedy, but be
cause of the reasons that led to the
killing
Col. Duncan B. Cooper, a former
officerin the Confederate army under
, Forrest and a man very prOminen1
in Democratic State politics one,
: lived at Columbia, Tenn. In tha
town also resided Edward Ware
: Carmack, a young lawyer who also
did some newspaper work. COOpe
: bought the Nashville american ant
induced Carmack to come to Nash
vile as its editor Whether the mel
ever were in thorough accord, is ,
disputed point. Carmack's friend
say not. Col. Cooper swOre on tn
, stand that they were close friend
a until Governor Taylor opposed Car
: mack for reelection in the Senate
: | This fight was long aud bitter. .
: feature of it was a series OF Joint de
. bates, and Carmack lost. Coope
supported Taylor. but Robin. the DO.
] who killed the Senator, supported
the latter
Malcolm r. Patterson was Cover
nor of the State at the time of tn
: Carmack-Taylor fight. and he al
nounced his candidacy for reelection
= Carmack, just beaten for the Senate
was urged into the race for GOverno
against Patterson. This was las
: June and the fight between the me
y for the Democratic nomination wa
s the most spectacular ever seen j
- Tennessee. Again Joint debates wer
: arranged and again the feeling b,
. tween the factions grew very bite
: In these debates Cooper charge
that Carmack assailed the Colonel
good name. Cooper was an arder
Patterson man-the Governor on tt
stand described him as my close:
personal and political adviser.