The San Francisco call., 1909-03-21
COOPERSGU|LNOF
CARMACK'SMORDER
Jury Fixes Penalty at Twenty
Years in PeniteHtiary, the
Minimum Sentence
Defendants Appeal and Wealthy
Citizens of Nashville Insist
Upon Signing Bond

NASHVILLE, Tenn, March 2o--After
ming a bond totaling nearly million
and 8 half dollars, Colonel D. s. Cooper
and Robin J. Cooper. convicted Of mur-
der in the second degree and sentenced
10 20 years In the penitentiary for the
killing Of former United States Senator
j. ". Carmack. retired 10 the home OF
Judge J. c Bradford tonight
Although Judge Hart fixed the bond
= $4,000 for each defendant, there
was a rush TO sign Il on the part OF
7he wealthy citizens OF Nashville. IN
s-aln she clerk protested that more than
enough sureties had signed but the
1nvariabIe answer was. We want 10
put our names on that bond, too"
When there was no more room for
names at the foot OF the document the
new bOndsmen indOrsed Il across the
Tace until 81 was difficult TO decipher
THE signatures
AGREEMENT WAS EXPECTED
Various and insistent rumors that
fhe jury had agreed were responsible
'TOr a crowded courtroom this morning
and for the presence OF attorneys for
both sides long before the usual hour
Tor conyening court AS soon Judge
15art entered court and even before he
lremoveG his coat. he ordered the jury
sand the defendants brought into court
Il understand they have agreed"
he remarked 20 the press table, and
am sending TO see"
IN almost moment the y men en-
.iered the room and took the same seats
They have occupied for nearly nine
weeks.
Have you agreed upon verdict.
gentlemen" said Judge Hart
We have replied Foreman E. NJ
Burke. hoarseIy.
we. tie jury. fnd The defendants,
Duncan B. Cooper and Robin J. Cooper,
guilty OF murder in the second degree
end assess their punishment al cOndne-
10ent in the state penitentiary for pc
riod Of 20 years
VERDICT CAUSES SURPRISE
Coming as il did upon the heels Of
Foreman BurHe's declaration yesterday
when sharp was acquitted. that we are
1lopelessly tied up as TO the Coopers,"
The verdict was q decided surprise
The defendants took il coOlly-almost
without emotion. Mrs. Burch and Mrs.
Wilson. the Young daughters Of Colonel
Cooper. were brave. and aside from
fearful eyes restrained their emotions
gamelv.
After tne court had dismissed the
5ury Judge Anderson Of the defense
was on his feet. eXclaiming: Your
honor we move the case be declared a
'nistriai because Of the verdict yester-
DAY We contend that yesterdays YER
olet was the only one, and that il ac-
quilted John Sharp and declared a dis
agreement on the other defendants. We
also ask that the defendants be admit
ted 10 bond"
The verdict OF the jury makes II 2
pei-aoie case, was the courts retort
JUROR TELLS OF VOTING
The jurors were not inclined TO talk
but one Of them said:
"On the first ballot we acquitted John
.Sharp and disregarded the conspiracv
Iheory- On this same ballot we stood
SIX Tor guilty Of murder IN the first
degree with mitigating circumstances
1Ne for murder in the second degree
with 20 years, the maximum penaItv
and one for acquittsl
The ballots all day "Wednesday, aud
Thursday showed the same result yes-
ferday the man who voted for acouittal
went over TO murder in the second de-
gree, but demanded that ONLY 10 wears 4
be assessed The rest Of US did NOT
deem 10 years as anything like ado
.quate, so we disagreed again or |
course this all refers to the Cooners
not TO Sharp, whom we had acquitted
harly this morning the man who
was holding out for 10 years agreed TO 1
70 years and the six who were voting
1cr hrst degree agreed to this YER /