The Morris County chronicle., 1909-03-23
C6OPERs CONVICTED;
PENALTY 20 YEARS
Defense Claims MistriaI Because
OF the Previous Disagreement.
DEFENDANTS OUT ON BAIL
Jury First Stood Six For Marde.- in
First Degree, Five For Second
Degree, One Fo1 AcquittaI -
Sharp Goes Free.

Nashville, Tenn.--Guilty of mur-
der in the second degree with twenty
years imprisonment as the penalty
was the verdict of the jury in the
case against Colonel Duncan B.
Cooper and his son, Robin Cooper,
charged with the murder of former
United States Senator e. w. Car
mack.
The jury acquitted John D. Sharp,
co-defendant, the day before
Immediately the defense moved to
set aside the verdict because of the
verdict of disagreement of the pre-
vious day, and asked the Court to
declare it mistrial Judge Hart
said he would listen to arguments on
this motion later. He then fixed the
defendants bonds at $4,000 each,
which amount was acceptable to both
sides. The verdict, coming as it did
upon the heels of Foreman Burke's
declaration of the day before. that
we are hopelessly tied up as to the
Coopers, was decided surprise
The Jurors looked worn out, and
when the Court remarked: II thank
you, gentlemen, for your patience and
devotion to the State and dismiss
you 70 your homes and your personal
avocations," the entire twelve men
sprang from their seats as one man
and hurriedly left the courtroom.
The defendants and their counsel re-
mained to complete the bond prelim-
lnaries and the motion for a new
trial
The first bondsman to arrive was
John ]. Greener, who signed for $1O,-
600 on each bond Walter o. Farmer
arrived and signed for the balance.
will sign for million for these
men" he remarked.
The jurors were not inclined to
talk, but one of them said
ON the first ballot we acquitted
John Sharp and disregarded the con-
spiracy theory. On the same ballot
we stood six for guilty for murder in
the first degree with mitigating cir
cumstances, five for murder in the
second degree with twenty years the
maximum penalty, and one for ac-
quittal. The ballots for two days
showed the same result. Then the
man who voted for acquittal went
over to murder in the second degree,
but demanded that only ten years be
assessed"
The Cooper-Sharp trial just ended
has been one of the most remarkable
murder cases in the history of the
South. Because of the prominence
Of the victim and the popularity Of
the defendants in the State of Tennes-
see, the case has been watched with
great interest not alone in the little
courtroom where the proceedings
have been going on, but throughout
the country.
Ex-senator Edward Ward Carmack
was shot and killed by Robin Cooper
in street of Nashville on November
8 last. The shooting was the outcome
of scathing editorials which appeared
in The Nashville Tennesseean of
which Carmack was editor. These
editorials attacked the political meth.
ods and character of Colonel Duncan
Cooper, the father of Robin.
What brought more interest into
the case was the fact that Colonel
Cooper gave Carmack his start in
public life. Colonel Cooper, after be-
ing mustered out of the Confederate
service, went to live in Columbia. In
the same town also resided Carmack
then young lawyer, doing some
newspaper work Seeing the ability
of the young man Colonel Cooper,
then owner of the Nashville Ameri-
can, took Carmack on his paper, max
ing him chief of the editorial staff.