The Hartford republican. (Hartford, Ky.) 18??-1926, 1909-04-23
COOPERS file PLEA
FOR new TRIAL.
Father and Son Convicted
Of Killing Carmack.
Eorty-Six Reasons Given to Sc
cure New Hearing Of
Cese.


six separate and distinct reasons why
the defendants, Duncan b. Cooper and
Robin ] Cooper recently convicted
of the murder of Senator E. w. Car
mack should be granted new trial
at the hands Of Judge w. M. Hart
are set forth in the grounds for toe
motion for new trial, filed by the
attorneys for the defendants in the
office of the Criminal Court Clerk
of Davidson county.
The first few assignments are de-
voted mostly to alleged errors by rea-
son Of Judge Harris ruling out certain
evidence. Next is taken up portions
OF Judge Harris charge to the jury,
and a number of exceptions are made
to different portions of the charge in
which the court was stating the theory
of the State. The concluding portion
of the charge deals with a number of
special requests refused by the court
and to which action of the court the
defendants excepted.
Exception is taken to the action of
the court In not entering q mistrial
ON March 10, when a partial report
was received from the jury.
Exception is taken in the connection
also because Judge Hart did not dis
charge the jury on March 10, 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 "hope-
lessly tied up as to the Coopers," or
words to that effect and following
which Judge Hart sent the jury back
for futher deliberation.
The jury reported on the next day,
March 20, finding the two Coopers
guilty of murder in the second degree
and giving each twenty years.
The motion contains the usual aver
ment that the verdict is not supported
by the evidence.
Exception is taken to the ruling by
the court in excluding certain portions
of the Robin Cooper evidence intended
to throw light on the mental condition
of his father as well as himself.
Exception is taken to TIE courts al
lowing tie State to ask Robin Cooper
if he knew any reason why certain
States witnesses he'd perjured them
selves.
Exception is taken because the
court did not admit ali of the Carmack
letter written in Washington in 1904,
to Col. Cooper; also because all of tie
News-Scimitar editorial of March 10,
1908, was not admitted.
Exception is taken because the
court allowed the State to cross-ex-
anime Col Cooper regarding alleged
defalcotions in Maury county, and es
to certain suits brought against him
there.
Exception is taken as to the evil
dence of Major w. o. Vertrees, es to
the mental attitude of Senator Car
mack when given pistol by Vertrees.
Exception is taken because the coul
did not allow all that was said at Max
we'll house conference, ct Mr.. Brad
ford's office and between Gov. Pet
terson and Mr. Bradford over the tele-
phone on the day of the tragedy.
Exception is taken as to the testi-
mony of DR.. Witherspoon and Mr..
Frank Lander, regarding oommunica-
ton of threats to Carmack.
Miss Lees evidence, in which she
quotes Mr.. Bradford as saying he
could have killed CaImack like snake
and Paul Davis saying he would like
to get on the jury-this is excepted to.
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Y, now. His reason is well worth
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had no appetite. nor ambition. grew
weaker every day in spite of all medi-
cal treatment Then used Electric
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my old-time health and vigor. Now
l can attend to business every day.
It's a wonderful medicine" Infallible
for Stomach, Liver, Kidney. Blood
and Nerves. SOC at all druggist. m