The Montgomery advertiser., 1909-03-20
Nashville Jury IS Still "HOPELESSLY TIED UP"
 IS REPORT TO COURT Judge Hart Sends Them Back to
 Room. Daughters of Aged Defendaht w.eu When They Hear Verdic& That A, Holds Their Father . Prs.cu.
 er-Mrs. sharp
 Doubtful.

the jury today returned a verdict of acquittal Tor John D' Sharp, charged with the murder of farmer United States Senator E. W. Carmack. and declared 1t was "hopelessly tied up as to the Coopers," 1t was generally con- ceded that the end of the famous case had been reached
 Nothins daunted bS the expressive hrmness Of Foreman Burkes declara- tion of a disagreement Judge Hart sent the twelve men out for further de- liberation and announced that he would not discharge them until he was abso- lutely convinced that an agreement could not be reached.
 The jurors looked tired. worn and Ill at ease. From the loud talking heard in the room. they have been having a Strenuous time. They are chafng under the restraint, too, but evidently are conscientious in their de- termination to vote with their convic- tons. They sent word to the sheriff late tnis afternoon that their room was poorly ventilated, that the plumb ing was defective and that several of the men were Ill from the confinement. The room Is quite small and the sherin decided to let them sleep tonight in the part of the jail set aslde for a wo- mans hospital. but which has no ten ants at present
 Judge Hart fully expected a verdict today. Several times during the morn ing ne consulted with one of the jury deputies and when he had concluded the days docket at noon, he sent to ask the jurors if they had anything to re- port The reply nothing" came back.
 Evidently the Judge had some in formation. for he ordered the prisoners brought into the court and instructed the sheriff to 'carry in the jury"
 Report of Jury.
 : instead of s. J. Hyde, to whom the charge was given, k. NJ. Burke the first man chosen. carried the papers and acted as toreman.
 In response to the Judges question as to whether verdict had been reached, Burke replied:
 We are tied up tight as to the Coopers. but we find John D. Sharp not guilty"
 Judge Hart quickly dismissed Sharp and ordered the jury to continue its deliberations as to the guilt or inno- cence of the Coopers.
 Mrs. Sharp, wife of the acquitted man, seemed the, most affected of all those interested and her greatest con- cern seemed to be whether Attorney General McCarn could do anything more to John."
 The jurors put in the afternoon de- liberating. but after supper at u. m, devoted the balance of the evening to amusing themselves with cards and songs.
 The receiving of the verdict as to Sharp came after & morning of ner- vourness and suppressed excitement in the court room. Judge Hart opened court pron--Iy at o'clock and began his usuus s-ind of hearing criminal cases. most of which concerned ne- groes.
 The court had announced soon after court opened that there would be a verdict In the Cooper case during the day. but it was quarter after twelve before his honor turned his attention to the case and sent the sheriff to bring the jury into the court room.
 The jury. instead of accompanying the court officer on his return trip however, sent word that they were un- able to agree and saw no necessity for their appearing in court. But Judge Hart summoned them anyway and soon the result of the deliberations of the twelve men was known.
 As soon as the court had heard what the jury had done. he ordered the dis missal of Sharp and ordered the jury to return to their room for further dc. liberation. This occupied but few minutes. after which court was ad- 1ourned until D. m.
 The verdict in MT. Sharps case was received with indifference by the de- fendant, but once outside the court room he was compelled to hold an im- promptu reception and receive the con OF h Frin
 Brings In Jury.
 Judge Hart sent to ask the jury at twelve minutes after noon if 1t wished to report. Promptly the word came back that no agreement had been reached The court considered a mo- ment and said:
 T will bring in the jury anyhow. Bring in the defendants"
 There was a hustle and a scurrying of deputies through the corridors and the defendants entered. The court room was nearly empty by this time, the throng disappearing gradually as 1t seemed that there would be no report. |
 Mrs. Burch and Mrs. Wilson. pale and wan. were with the Coopers and faith ful Mrs. Sharp was. as always. at her husbands slde
 The jury was boiled and Judge Hart said:
 Have you reached a verdict. gen LISHleu
 we are hopeIessly tied as to the Coopers." said Foreman Burke. but we find John Sharp not guilty"
 You will retire. gentlemen. and re- consider further as to the other de- fendants. Is there any reason. Gen eral McCarn. why John Sharp should not be discharged?'
 None. your honor"
 MT. Sharp. you are discharged from custody. acquitted" said the court with smile.
 Sharp sat stolid and indifferent Not so his wife. The foreman spoke in a low tone and for A minute she didn't grasp the significance of It. When she did. her eyes filled up and she grasped her husbands left arm with both her hands and seemed about to break down. Her sister soothed her and others seated near them shook hands with Sharp.
 I've want the exact words of the jury recorded" said Judge Anderson. of the defense. We understood the report was hopelessly tiedT'
 \ do not recall the exact language.