Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-03-21
COOPERS OUT ON BAIL
Million and a Half Offered to
Cover $4,000 Bond.
BOTH WITH RELATIVES
Arguments For New Trial to Be
Heard Within Ten Days.
APPEAL WILL BE LATER MOVE
Case May Come Up Again in May
or Early Next Year in
Higher Court.
APPEAL WILL BE LATER MOVE

NASHVILLE. Tenn. March 2O-Guilty
Of murder In the second degree: punish
ment twenty years imprisonment. This
was the unexpected verdict rendered by
the jury against Col. Duncan B. Cooper
and Robin J. Cooper when court opened
today.
The jury yesterday acquitted John d.
Sharp. indicted with the Coopers for the
staying Of former United States Senator
e. W. Carmack.
Events moved swiftly from the mo-
ment the verdict was rendered today. I'M
mediately the defense moved to set it
aside because Of the verdict Of disagree
ment OF yesterday and asked the court to
declare 1t q mistrial.
Judge Hart said he would listen to
arguments on this motion later. probably
next week. He then fixed the defendants
bonds at $4,000 each.
$1,5OO,0OO Subscribed.
Although Judge Hart dxed the bond at
$25ooo there was a rush to sign 1t on the
part Of wealthy citizens Of Nashville
which fairly swamped the clerk Of the
criminal court. In vain he protested over
and over again that more than enough
sureties had signed The invariable ans
wer was:
We want to put our name on that
bond, too"
It seemed as though every friend of
the Coopers considered 1t incumbent upon
him to sign the bond. When there was
the document the new bondsmen Endorsed
1t across the face until it was difficult to
decipher the signatures When filled the
bond totaled nearly a million and half:
The Coopers returned to the Jail this
afternoon late and removed their per-
sonal effects For the present Col Cooper
will make his home with Mrs Burch.
Robin Cooper will return to his old quar-
ters with his uncle. Judge b. c. Brad
ford.
Next Move Considered.
Tonight the father and son retired to
the home of Judge j. C. Bradford and
discussed the next move in the case.
In the event Of Judge Hart overruling
the motion for a new trial appeal will
be taken to the supreme court The case
would be heard by that tribunal early
the case will come up on the docket for
its second trial at the next term of the
criminal court in May.
Deliberations Of Jury.
The report Of the jury was returned
the charge had been received. The vote
to acquit John Sharp, indicted on the
charge of murder in the first degrees
and also as an accessory before the fact
was taken quickly and verdict of mot
guilty" was returned yesterday. .
The consideration In the case Of the
two Coopers resulted In between fifteen
and twenty ballots. On the first ballot, II
Is said one member Of the jury voted fol
murder in the first degree and one for
acquittal. the others being divided be-
tween murder in the second degree, man.
There were stormy times during the bal
loting. More than once 1t seemed that a
mistrial would be the inevitable result.
Finally, about daybreak this morning.
the last man who was holding out came
over to the majority and the case was
decided.
Plea of Defense.
The plea of the defendants. who were
represented by more than dozen OF the
ablest attorneys in this section, was self
defense. they. claiming that Mr.. Car
mack fired the first shot. following 1t
with. second. and that Robin Cooper
returned the fire, after the two shots.
When the jury was ready to report to-
day the defendants were sent for. They
appeared in the courtroom at 9:25 o'clock
two minutes after the twelve jurors had
taken seats in the box for the last time.
Col Cooper came in with his daughter
Mrs. Beverly Wilson. Robin Cooper fol.
lowed close after his father. followed by
Mrs Lucius Burch.
Everybody be seated. Mr.. Clerk. poll
the jury said Judge Hart.
well. gentlemen. have you agreed on
a verdict?" asked the judge
Verdict is Returned.
When the voice of Foreman Burke
spoke to the court there was consider
able noise in the room. The court Of
f1cers called for quiet.
I'VE find the defendants. D. B. Cooper
and Robin Cooper. guilty in the second
degree and fix their punishment at
twenty years in the penitentiary," said
so say you all?" inquired Clerk
Haily.
so say we ALL" re- echoed the jury.
The jury IS excused" said the court
The twelve men filed out of the court
room.
AS the verdict was read, not a tremor
passed over the defendants. The silence
was intense.
Judge ]. NJ. Anderson was the first to
break the silence. and. rising. he ad.
dressed the court as follows:
May it please the court, we desire to
enter a motion of mistrial on account OF
the partial verdict which the jury rem.
dered yesterday"
THAT motion is overruled.' said the
court.
Admitted to Bail.
Judge Anderson then announced thai
application for bail would be made al
once. To this Attorney General McCarr
agreed and the defendants were released
on bond, pending the hearing of the cour,
| on the motion for new trial.
The motion for a mistrial to be entered
| was based on the contention that. IL
their verdict as to Mr.. Sharp yesterday
the jury had reported that I'VE are hope
lessly tied TO the Coopers,' and tha
| this was a partial verdict
Pure Milk and Our Babies.