Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-03-26
FOUND GUILTY
OF MURDER
COOPERS CONVICTED-"SEC DE.
GREE" IS VERDICT OF JURY
IN TENNESSEE CASE.
DEFENDANTS ASK NEW TRIAL,
Statement of Jurors Friday That They
Were "Hopelessly Tied Up" Is Called
Disagreement.
END OF SENSATIONAL ACTION.

NASHVILLE, Tenn, March 20
Guilty of murder in the second degree,
with twenty years imprisonment as the
penalty, was the verdict of the jury this
morning in the case against Col. Duncan
B. Cooper and his son, Robin Cooper,
charged with the murder of former
United States Senator e. w. Carmack.
The jury yesterday acquitted John B.
Sharp, a co-defendant.
Immediately the defense moved to set
aside the verdict because of the verdict
! of disagreement yesterday and asked the
court to declare it a mistrial. Judge
Hart said he would listen to arguments
on this motion later. He then fixed the
defendants bond at $4,000 each, which
amount was acceptable to both sides.
Verdict Is a Surprise.
The verdict, coming as it did upon the
heels of Foreman Burkes declaration
yesterday, that we are hopeiessly tied
up as to the Coopers," was a decided
surprise.
The defendants took it coolly--almost
without emotion. Mrs. Burch and Mrs.
Wilson, the young daughters of Col.
Cooper, were brave, and aside from
fearful eyes, restrained their emotion.
her brother Robin, and Mrs. Wilson's
was at her fathers right. The suspense
for the two young women had been
heartrending and any verdict, however
unfavorable, was relief.
The jurors were tired looking and dis
heveled and when the court remarked :
Il thank you, gentlemen, for your pa
devotion state
miss you to your homes and your per-
sonal avocations," the entire twelve
sprang from their seats as one man and
hurriedly left the courtroom. The de-
PENDANTS and their counsel remained to
complete the bond preliminaries and mo-
tons for a new trial.
Various and insistent rumors that the
jury had agreed were responsible for a
crowded courtroom this morning and for
the presence of attorneys on 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 defendants
brought into court.
II understand that they have agreed,
he remarked to the press table, and
am sending to see.'
Jury Makes Appearance.
In almost a moment, 9:25 to be exact,
the twelve meI1 entered the room and
took the same seats they have occupied
for nearly nine weeks.
"Have you agreed upon verdict, gen
tlemenW said Judge Hart.
"We have" replied Foreman Il. M.
Burke, hoarsely.
Advance, Mr. Foreman and read the
verdict"
Duncan B. Cooper and Robin j. Cooper,
guilty of murder in the second degree
and assess their punishment at contine-
ment in the state penitentiary for pc
Rod of twenty years"
$50 say you all, gentlemen"
$50 say we ALL" in chorus.
81 thank you, gentlemen said the
court, ''for your patience and devotion
to the state and dismiss you to your
homes"
In a moment, Judge Anderson OF the
defense was on his feet exclaiming:
'Your honor, we move the case be
declared a mistrial because of the verdict
yesterday. We contend that yesterday s
verdict was the only one and that it ac-
Quilted John Sharp, but declared a dis
agreement on the other defendants. We
also ask that the defendants be admitted
to bond at once"
1.-THE verdict Of the jury makes it a
bailabIe case" was the courts retort.
Hence / will fix the bond Of each de-
PENDANT at $4,000 unless there be some
direction. IN CnaC event VIII near
arguments"
.:It is satisfactory to u.s." said Attor-
ney General McCarn.
'And to u.s. retorted Judge Anderson.
''There seems to be nothing left but
for the court to pass sentence" added
Judge Hart.
Il do not think that necessary" said
ment be suspended and that we be given
a new trial. We will be prepared to
argue the motion later-probably next
week"
"All right, judge" remarked the court.
81 know you will not delay unnecessarl-
ly and l will take it up at your own con-
Yenience."
Defendants Sign Bond.
Bring in the bond book" said Judge
Anderson. 1t was done and the defend
ants signed the bond and returned with
their relatives and friends to the room
they occupied in the Jail building. Mrs
Burch. who stood bravely and even
smiled in the courtroom. collapsed as she ne
reached the narrow corridor leading, TO
the jail and had to be supported by her
husband. Mrs. Wilson's eyes were
streaming with tears.
Juror Explains Deadlock.
Both young women have counted con-
fdentlv on an acquittal, 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:
ION the first ballot we acquitted John
Sharp and disregarded the conspiracy
theory. On this 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 Thursday, showed the
same result. Yesterday the man who
voted for acquittal went over to MUIR
der in the second. but demanded that
only ten years be assessed. The rest OF
us did not deem ten years as anything
like adequate. so we disagreed again.