The Birmingham age-herald., 1909-03-20
JURY ANNOUNCES THAT
 II IS HOPELtSSLY TIED
 ON TWO OF DEFENDAN IS
John Sharp Receives the coneratua- tions of His Friends as He Gets His Release From a Long
 Imprisonment For
 Conspiracy.

Nashville, March 1a-When the jury today returned a verdict of acquittal for John D. Sharp, charged with the mur- der of former United States Senator E. W CarmaclS, and declared it was ''hope- lessly tied up as to the Coopers, it was generally conceded that the end If the famous case had been reached. Moth ing daunted by the expressive firmness of Foreman Burkes declaration of disagreement Judge Hart sent the F men cut for further deliberation and an- nounced that he would not discharge them until he was absolutely convinced that an agreement could not be reached The jurors looked tired, worn ai.d ill at ease. From the loud talking heard in the room they have been having a strenuous time. They are chafing un- der the restraint, too, but are conscien- tious in their determination to vote with their convictions. They sent word to the sheriff late this afternoon that their room was poorly ventilated, that the plumbing was defective and that several of the men were i'll from the confine- ment. The room is quite small and the sheriff decided to let them sleep tonight in the ouaI ters of the jail set aside for a womens hospital, but which has no tenants at present.
 Hart Expected Verdict.
 Judge Hart fssly expected a verdict today. Several times during the morning he consulted with one of the jury dep- uties and when he had concluded the days docket at noon he sent to ask tic jurors if they had anything to re- port. The reply nothing came back. Even the judge had some information, however, for he ordered the prisoners brought into court and instructed the sheriff to carry in the jury
 Instead of s. J. Hyde, to whom the charge was glver, E. M. Burke, the first nlan chosen. carried the papers and acted as foreman. In response to the judges ui;esticn ds to whether verdict hal bea" reached, Burke replied
 We are tied ur' as to the Coopers hnt we find Jchn D. Sharp not guilty"
 J:dse Hart quickly dismissed Sharr and ordered the jury to continue it's deliberations as to the guilt pr inno- cence of the Corpers.
 Mrs. Sharp. vie of the acquitted man seemed the most affected of all those interested and her greatest concern seemed to be whether Attorney Gen eral McCarn "could do anything more to John.
 The jurors put, in the afternoon de- liberating, but after supper at o'clock devoted the balance of the evening to amusing themselves with cards and songs.
 Runors of Agreement.
 Persistent humors that an agreement had been reached by the jury drew a large crowd to the court room this morr- ing. No one in authority would give any indication of the truth or falsty Of the reports. As soon as court opened one of the jury deputies held whispered consultation with Judge Hart and with drew. moment later Judge Hart said to the Associated Press: q believe We will get a verdict today"
 Judge Anderson, of counsel for the de- fense, was in court early and was promptly appointed by the court to de- fend a penniless negro. charged with as- saut to kill. Judge Anderson accepted the assignment with good grace and at once secured continuance for his new client.
 Judge Hart did not delay his regular docket.
 Some 30 negroes charged with felonies and msdemeanors were herded into the court room. None had lawyers, but the court remedied that. The duty of coun- sel seemed to be to confer with the prosecuting attorney and bargain for as light a sentence as that official would agree to accept.
 Monotonously the wheels of justice ground when the room filled up with an eager, expectant throng, and all eyes were fixed upon the door through which the jury must come. But the wheels ground on and no jury appeared.
 Conference With Jury.
 The jury deputy conferred with Judge liar. at 1030 a. m., after which the judge said there would probably be report from the jury very soon, Judge Hart sent to ask the jury at 12:12 If it wished to report Promptly the word came back that no agreement had been reached. The court considered a moment and said T will bring in the jury any how Bring in the defendants
 There was a hustle and a scurrying of deputies through the corridors, and the defendants entered. The courtroom was nearly empty by this time the throng dis appearing graaually as it seemed that there would be no report. Mrs. Burch and Mrs Wilson, pale and wan, were with the Coopers and faithful Mrs. Sharp was, as always. at her husbands side.
 The Jury was boiled and Judge Hart said:
 Have you reached a verdict, gentle men?'
 I've are hopelessly tied as to the Coop ers' said Foreman Burke. But we find John Sharp not guilty
 .You will retire. gentlemen, and re- consider further as to the other defend- ants. Is there any reason General Me Carn, why John Sharp should not be dis charged?"
 None, your honor"
 John Sharp Discharged.
 ..Sharp is discharged from custody, ac- ouitted,'' said the court with smile.
 Sharp sat stolid and indifferent. Not so