New-York tribune., 1909-03-21
COOPERS FOUND GUILTY
SECOND DECREE MURDER.
Twenty-Year Sentences W'thheld
Pending Motion for MaStrtat.

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Cooper and Robin J. Cooper. convicted OF mul'
De, IN the second degree, carrying with 1t SEN
+ances IF twenty years in the penitentiary, Tor
the killing of ex-senator E. w Carmack retired
to the home Of Judge J. c Bradford tonight
and discussed the next move in the case Inc
iurv Yesterday acquitted ex-Sherin John D.
Sharp a co-defendant-
Although Judge Hart fixed the bond at S25,-
900 for each defendant, there was rush 10
sign it by wealthy citizens of Nashville which
fairly swamped the clerk in the criminal court
Although he protested over and over again that
more than enough sureties had been signed, the
invariable answer was. I'VE want to put our
names on that bond. too" It seemed as though
every friend Of the Coopers considered it in
cumbent upon him to sign the bond. When
there was no more room for names at the fooS
OF the document the new hondsmen tndorsed 1t
across the face until it was difficult to decipher
the signatures.
The Coopers returned to the Jail late this
afternoon and removed their personal effects.
For the present Colonel Cooper will make his
home with Mrs Burch- and Robin will return to
his old quarters with his uncle, Judge J. c.
Bradford.
Immediately after the verdict the defence
moved to set it aside because of the verdict OF
disagreement yesterday, and asked the Court to
declare it a u1istriaI. Judge Hart said ne would
listen to arguments this motion later. He
then fixed the defendants bonds at s25,o0o each.
which was acceptable TO both sides The YER
dict coming as It did upon the heels OF the fore
mans declaration yesterday, that we are hope
lessly tied up as 10 the Coopers.' was a decided
surprise
DEFENDANTS SHOW LITTLE EMOTION
The defendants took the verdict coolIy almost
without emotion. Mrs. Burch and Mrs. Wilson.
the Young daughters Of Colonel Cooper we're
brave and aside from fearful eyes restrained
their emotion 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 great. and
anv verdict. however unfavorable. was relief
The Jurors looked worn out. and when the
Court remarked I thank you. gentlemen, for
your patience and devotion to the state and dis
miss YOU 10 your homes and your personal aVo-
cations" the entire twelve sprang from their
seats as one man and hurredly left the court
room. The defendants and their counsel re-
rained to complete the bond preliminaries and
the motion for new trial
Ruuors that the jury had agreed brought a
crowd to the courtroom this morning and
caused the presence Of the attorneys on both
sides long before the usual hour for convening.
As soon as Judge Hart entered court, and even
before he removed his coat, he ordered the jury
and the defendants brought into court
I understand they have agreed he remarked
to the press table. and sending to see
Exactly at 9:25 a. m. the twelve men entered
the room. and took the same seats they have
occupied for nearly nine weeks.
Have you agreed upon a verdict, gentlemen"
said Judge Hart.
We have" replied E. NJ. Burke, the foreman.
hoarsely.
Advance. Mr Foreman. and read the YER
dict"
I'VE, 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 penitentiary for a
period Of twenty years.
so say you ALL gentlemen"
80 say we all replied the Jurors in chorus
The Court then thanked the jurors and dis
missed them.
There seems to be nothing left but for the
Court TO pass sentence" added Judge Hart after
the protest of the defence had been made and
the offence declared bailable
Il do not think that necessary" said judge
Anderson I'VE move that judgment be sus-
pended and that we be given a new trial We
will be prepared to argue the motion later
probably next week"
SENTENCE NOT PASSED.
"All right, Judge" remarked the Court "I
know you will not delay unnecessarily. and I
will take 1t up at your own convenience"
The defendants then signed the bond and re-
turned with their relatives and friends to the
room they have occupied in the Jail building
Mrs. Burch. who had stood bravely and had
even smiled in the courtroom, collapsed as she
reached the narrow corridor leading TO the JAIL
and had to be supported by her husband. Mrs
Wilson's eyes were streaming with tears. Both
young women have counted confidently on an
aoquittaI. although even their counsel advised
against building too many hopes on the result
The jurors were not inclined to talk but one
of them said:
"On the first ballot acquitted John Sharp
and disregarded the conspiracy theory on the
same ballot stood six for guilty of murder in
the first degree, with mitigating circumstances:
five for murder in the second degree, with twen-
ty years the maximum penalty and one for ac-
quittal. The ballots all day Wednesday and
Thursday showed the result. Yesterday
the 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 anything like adequate
disagreed again. OF course, all this re-
fers TO the Coopers, not Sharp. whom we had
acquitted Early. this morning the man who
holding out for ten years agreed to twenty
years and the six who were voting for first
degree verdict agreed 10 this verdict"
While the jurors would not say who the man
was who held out for acquittal, it is known from
remarks overheard by the deputies that he was
S J Hyde
John Sharp hurried TO the courthouse when !
he heard of the verdict and was soon closeted |
with the defendants and their counsel Mrs |
Sharp was in court when the jury reported and /
couforted the two daughters of Colonel Cooper /