Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1909-03-26
COOPERS ARE GUILTY.
Each Is Given 20 Years by
Carmack Murder Jury.
ARE RELEASED. ON BONDS
Counsel for Colonel and Son Robin De-
clare Mistriai Has Taken Place and
Arguments Are to BE Heard Later
Bali ls $25,000.

clare Mistriai Has Taken Place and.
Arguments Are to BE Heard Later
Bali lie $25,000.
Nashville, Tenn, Mar. 22.-Guilty of
murder in the second degree, with 20
years imprisonment as the penalty,
was the verdict of the jury Saturday in
the case against Col Duncan B. Coop.
er and his son, Robin Cooper, charged
with the murder Of former United
States Senator e. W. Carmack. The
jury yesterday acquitted John B.
Sharp, co-defendant. Immediately
the defense moved to set aside the
verdict because of the verdict of disa-
greement and asked the court to de-
clare 1t a mistrial
Released on $4,000 Bonds.
Judge Hart said he would listen to
arguments on this motion later.
He then fixed the defendants bonds
at $25 900 each, which amount was &C.
ceptable to both Sides The verdict,
coming as it did upon the heels Of
Foreman Burk's declaration yesterday,
that we are hopelessly tied up as to
the Coopers." was a decided surprise.
Defendants Take II Cody.
The defendants took it coolly-al-
most without emotion Mrs. Burch
and Mrs. Nelson, the young daughters
OF Col. Cooper, were brave and aside
from fearful eyes. restrained their
emotion gamely. 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 heart
rending and any verdict, however un-
favorable, was relief.
Jurors Are Tired Out.
After vigil of several days the jur-
ors were tired looking and disheveled
when they came into court They
showed the effects of several days of
arguing and the foreman gave vent
to sigh of relief when he had spoken
the words which sealed the doom of
the Coopers. The veniremen were
then dismissed and told to go to their
homes after being thanked by the
Judge
oudTp u Acquired.
The verdict in the Coopers' end of
the trial came after John Sharp, the
co-defendant. had been acquitted.
Judge Hart had called the jury from
their room and asked them il they
had arrived at verdict They told
Sthe judge that they had acquitted John
Sharp, but could arrive at no decision
On the Coopers, being shopelessly
tied. as the foreman remarked.
Then Judge Hart told John Sharp
that he was free. and had the clerk
enter that part of the verdict in the
records. He then sent the veniremen
back to further consider on the Coop
ers, which they did. remaining in their
compartment all night.
Juror Tells Of Fight.
The jurors were not inclined to talk,
I but one of them said:
On the first ballot we acquitted
John Sharp and disregarded the con-
spiracy theory. On this same ballot
we stood six for guilty of murder in
the first degree with mitigating cir
cumstances. five for murder In the sec
: ond degree, with 20 years, the max
imum penalty, and one for acquittal.
The ballots all day Wednesday and
Thursday showed the same result.
, Jurors Disagree Again.
Yesterday, the man who voted for
acqufttal went over to murder In the
second, but demanded that only ten
years be assessed The rest of us
did not deem ten years as anything
IKE adequate. so we disagreed again.
OF course, all this refers to the Coop;
ers, not Sharp, whom we had ac-
quilted.
EARLY this morning the man who
was holding out for acquittal gave In"
Jury Enters Court.
The twelve men entered the room
and took the same seats they have
occupied for nearly nine weeks.
Have you agreed upon q verdict
gentlemen" said Judge Hart eve
have" replied Foreman E. M Burke
hoarsely. Advance, Mr.. Foreman, and
read the verdict" We, the jury, find
the defendants, Duncan B. Cooper and
Robin J. Cooper. guilty of murder III
the second degree and assess theil
punishment at confinement in the state
penitenttary for a period of 20 years.
$50 say you all, gentlemen" 80 say
we all" in chorus. 81 thank you
gentlemen" said the court. for you
patience and devotion to the state anc
dismiss you to your homes and to you
personal avocations."
Move for Mistriai.
In a second Judge Anderson of tn,
defense was on his feet exclaiming
Your honor, We move the case be de
clared mistrial because of the Sharl
verdict. We contend that that verdic
was the only one, and that it acquitted
John Sharp but declared a disagree
ment on the other defendants. We ais,
ask that the defendants be admitted t,
bond at once"
The verdict of the jury makes it
bailable case" was the courts retort
Hence will fix the bond of each de
PENDANT at $4,000 unless there b,
some objection"
Most Remarkable Case.
The Cooper Sharp trial was one o
the most remarkable murder cases II
the history OF the south, not only be
cause OF the prominence of the prin
cipals in the tragedy. but because o
the reasons that led to the killing.
Col. Cooper. former officer in tn
confederate army under Forrest ant
q man very prominent in Democrats
state politics, once lived at Columbia
Tenn. In that town also resided Ed
ward Ward Carmack. a young lawyer