Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-04-16
Chief Contention Is On Ground
of Partial Report of Verdict
When John Sharp Was
Acquitted. -.
EXCEPTION is TAKEN
TO COURT RULING
ON COOPER EVIDENCE
Discrimination of Col. Cooper,
Regarding Alleged Defalcations,
Are Ground of Exception and Rul-
ing on His Mental Condition.


NASHVILLE, Tenn, april 16.-Forty-
six separate and distinct reasons why
the defendants, Duncan B. Copper, and
Robin ]. Cooper, recently convicted OF
the murder of Senator E. w. Carmack,
should be granted a new trial at the
hands of Judge w. M. Hart, are set forth
in the grounds for the motion for a new
trial, filed by the attorneys for the de-
PENDANTS in writing today in the office OF
the criminal court clerk Of Davidson
county.
The first few assignments are devoted
mostly to alleged errors by reason OF
Judge Harris ruling out certain evidence.
Next is taken up portions Of judge
Harris charge to the jury, number OF
exceptions are made to different portions
of the charge. in which the court was sta
ting the theory of the state.
The concluding portion of the charge,
refused by the court, and to which ac-
ton of the court the defendants ex-
cepted.
Jury's Partial Report
Exception is taken to the action of the
court in not entering a mistrial on MARCH,
10, when a partial report was received
from the jury. Exception is taken in this
connection also, because Judge Hart did
not discharge the jury on March TO- after
the partial verdict was reported. This
was the day on which John D. Sharp was
acquitted and on which Foreman E. NJ.
Burke said the jury was 'hopelessly tied
up as to the Coopers,' or words to that
effect, and following which Judge Hart
sent the jury back for further delibera-
ton. The Jury reported on the next day,
March 90 finding the two Coopers guilty
of murder in the second degree, and Civ
ing each twenty years.
COoper's Mental Condition
The motion contains the usual aver
ment that the verdict is not supported
by the evidence.
Exception is taken to the ruling Of
the court in excluding certain portions
of Robin Cooper's evidence intended to
throw light on the mental condition OF
his father, as well as himself.
Exception is taken to the courts al
lowing the state to ask Robin Cooper
IL he knew any reason why certain
states witnesses had perjured them
selves.
Exception is taken because the court
did not admit all of the Carmack let
.er written in Washington, in 1904, to
Colonel Cooper; also because all of the
News-Sclmitar editorial Of March Is,
1908, was not admitted.
Exceptions to Cross-Examine
Exception is taken because the court
allowed the state to cross-examine Col
onel Cooper, regarding alleged defalca-
lions in Maury county, and as to certain
suits brought against him there.
Exception is taken as to the evidence
of Major w. o. Vertrees, as to the men
tai attitude of Senator Carmack, when
given a pistol by Vertrees.
Exception is taken because the court
did not allow all that was said at Max
we'll house conference, at Mr.. Bradford
office and between Governor Patterson
and Mr.. Bradford over the telephone on
the day of the tragedy.
Exception is taken as to the testimony
OF Dr. Witherspoon and Mr.. Frank Lam
der, regarding communication of threats
to Carmack.
Miss Lees evidence, in which she
quotes Mr. Bradford as saying he could
have killed Carmack like a snake; and
Paul Davis saying he would lie to get on
riie jury-this is excepted to.