The Washington herald., 1909-03-18

Nashville, March 1.-THE jury in the
case Of Col. d. B. Cooper R. J. Cooper.
and ]. D. Sharp. charged with the murder
OF Senator Edward W. Carmaok was
charged to-day by Judge ". NJ Hart.
Judge Hart stated that he would not re-
ceive any communication of the jury to-
night. and. therefore. no report can be
made until tomorrow. even if an agree
ment should be reached in the meantime.
The failure to report between u:17 a. m,
the time at which the charge was re-
ceived, and p m. when adjournment
was taken. is looked upon as an indica-
ton Of a mistrial although the general
opinion appears to be that Sharp. who is
under indictment as an accessory before
the fact. VIII be acquitted.
II is rumored that the jury took one
ballot and failed to agree, but no definite
information as to the result can be got.
The charge to the jury covered ffty-two
typewriter pages and contained about
1900 words
IN
II IS regarded as being strictly impar-
tal, and the reading was listened 10 with
Interest by the very large audience.
Judge Hart said if the jury found. ac-
cording to the theory of the State II
would be the duty Of the jury 10 return
verdict Of guilty, and if they found ac-
cording 10 the theory OF the defense thev
should return a verdict of mot guilty"
As TO all OF the defendants
Judge Hart said the jury could disre-
gard any of the theories. John D. Sharp.
le said, could be convicted and the 9th
ars acquitted. or vice versa: that the
ury could find as they saw nj as TO one
IT all the defendants
Regarding the law OF seIf-defense.
Judge Hart said in his charge: ''To con
stitute this defense the belief Of appre-
nension Of danger must be founded on
sufficient circumstances TO authorize the
opinion that the deadly purpose then ex-
lsted and the fear that IL would at that
time be executed
Must BE SeIf-defenSe.
The animosity OF the deceased against
me defendants. as Indicated by words and
actions then and before Is a proper mat
ter for the consideration of the Jury on
he question Of reasonable apprehension.
put IL the killing is not done under the
fear it is calculated TO inspire. or il the
fear is feigned or pretended the defense
viii not be available"
As TO overt act" Judge Hart said
Il you believe from the facts that the
defendants, d. c. Cooper and Robin
CoOner annrcscbad Ca,oto- ~,-...-.,-
a mission Of peace. and further Of having
conversation, and for no other purpose.
and that there was nothing in their con-
duct to indicate any other purpose ar
that there was no overt act or word
used on their part which would warrant
the conclusion that they intended 10 at
tack him, take his life, or do him any
great bodily harm. in that event. II tbev
were attacked by the deceased. they
would have a right 10 use such means
as were IN their power for their own self
defense. as above set out and described
Motive for the Meeting.
But if they intended to talk 20 the
deceased. and if a difficulty ensued on
account OF the conversation. or they in
tended to take the life OF the deceased
if be made any resistance. in that event
the plea OF self-defense would not be
available. and they would be guilty. and
you would be warranted in finding them
guilty Of murder in the first degree as
above set out and described
Judge Hart, in closing his charge. said
TO the jury:
You viii take the case now. gentle
men, and retire 70 your room. and give
to all Of the evidence introduced an i'm
partial consideration. and after having
done so. in the light OF the proof and
the law as deposed to you by the Wit
nesses and laid down 10 you by the cour,.
make and report such verdict as will in
your opinion and judgment satisfy the
ends Of justice"