The Montgomery advertiser., 1909-03-21
NASHVILLE CITIZENS
 RUSH 10 THEIR AID
More Than Million and Half Dollars
 Security.
Lawyers Fer Defendants will Base Their Appeal for New Trial On Report Of the Jury
 That It Was "HOpc-
 lessIy Tied"

Nashville. Tenn, March 2o.-After fl- ing a bond totalling nearly a million and e half. Colonel D. B Cooper and Robin Cooper. convicted of murder in the second degree and sentenced to twenty years in the penitentiary for the killing of former United States Senator E. W. Carmack. retired to the ! home of Judge J. c. Bradford tonight and discussed the next move in the case.
 Although Judge Hart fixed the bond at S25,000 for each defendant. there . was a rush to sign 1t on the part or wealthy citizens of Nashville which fairly swamped the clerk of the crim- inai court. In vain he protested over and over again that more thap enough sureties had signed. but the invariabie answer was we want to put our name on that bond, too" It seemed as though every friend of tht Coopers considered 1t incumbe ent on, him to sign the bond. When there was no more room for names at the foot of the doc- ument, the new bondsmen endorsed It across the face until it was dihicuit to decipher the signatures.
 The coopers returned to the jail this afternoon late and removed their per- sonai effects.
 For the present Colonel Cooper win make his home with Mrs. Burch and Robin will return to his old quarters with his uncle, Judge J. C. Bradford
 Demands New Trial
 The jury yesterday acquitted 9onn D. Sharp, . co-defendant
 Immediately the defense moved to set aside the verdict because of the verdict of disagreement of yesterday ani asked the court to declare 1t . mistrial
 Judge Hart said he would listen to arguments on this motion. later. He then fixed the defendants bond at s25,000 each, which amount was ac- ceptable to both sides.
 The verdict, coming as 1t did upon the heels of Foreman Burk's declara- tion yesterday that We are hopeless ly- tied up asfto the Coopers, was a decided surprise. The defendants took it cooIly-almost without emotion.
 Mrs. Burch and Mrs, Wilson. the young daughters of Colonel Cooper were brave and aside from fearful eyes, TeSITalneU thclE NCAiOtAohS ooAASAS Mrs. Burch sat with her arm around her brother Robins shoulder and Mrs. wilson was at her fathers right. The suspense for the two young women had been heartrending and any ver- dict however. unfavorable was re- lief
 The jurors were tired looking and disheveled and when the court remark ed: T thank you gentleman for your Ha thn pfota n q dismiss you to your homes and your personal avocations." the entire twelve sprang from their seats as one man and hurriedly left the court room.
 The defendants and their counsel re- mained to complete the bond prelimi- naries and motions for a new trial.
 Great Crowd Present.
 Various and insistent rumors that the jury had agreed were responsible for a crowded court room this morning and for the presence of attorneys on both sides long before the usual hour for convening.
 As soon as Judge Hart entered court and after he removed his coat he order ed the defendants and the jury brought into court.
 q understand they have agreed" he remarked to the press table. "and am sending to see."
 In almost a moment. at 9:25 to be exact, the twelve men entered the room and took the same seats they have oc- cupied for nearly nine weeks. Have you agreed upon a verdict, gentlemen?" said Judge Hart.
 we have" replied Foreman E. M. Burk. hoarsely
 Advance, Mir. Foreman, and read the verdict"
 We. the jury, find the defendants. Duncan B. Cooper and Robin J. Cooper guilty of murder in the second degree and assess their punishment at confinement in the state penftentiary for a period of twenty years"
 "So say you all. gentlemen?"
 "So say we all." in chorus.
 'T thank you gentlemen" said the court, flor your patience and devotion 10 the state and dismiss you to your homes and to your personal avoca- tions"
 Coopers' Lawyer Protests. ] Tn a second Judge Anderson, of de- tense, was on, his feet exclaiming:
 "Your honor, we move that the case