The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-03-20

Nashville, March 20.-Guilty OF muir
der In the second degree. with twenty
years Imprisonment as the penalty,
was the verdict of the jury this morn
ing In the case against Col duncan
B. Cooper and his son. Robin Cooper,
charged with the murder OF former
United States Senator F. w. Carmack.
The jury yesterday acquitted John
d Sharpe. a co.defendant, Immediate
" the defense moved 10 set aside the
verdict because Of the verdict of dis
agreement of yesterday and asked the
court to declare 1t a miStrial. Judge
Hart said he would listen to argu-
ments on this motion later. He then
fixed the defendants bonds at $4,000
each, which amount was acceptable to
both sides. The verdict, coming as
It did upon the heels of Foreman
Burke's declaration yesterday that eve
are hopelessly tied up as TO the Coop
ers." was a decided surprise.
The defendants took it coolly-al-
most without emotion. Mrs. Burch
and Mrs. Wilson. the young daughters
of Col. Cooper, were brave, and aside
from fearful eyes, restrained their
emotion gamely
Mrs, Burch sat with her arm around
her brother Robins shoulder and Mrs.
Wilson was at her fathers right. The
suspense for the two young women
had been heart-rending. and any YER
dict, however unfavorable, was a re.
lief
The jurors were tiredlooklng and
dlsheveled. and when the court re-
marked, 81 thank you, gentlemen, for
your patience and devotion to the
state, and dismiss you to your homes
and your personal avocations,' the en-
tire twelve sprang from their seats as
one man and hurriedly left the court
loom. The defendants and their
counsel remained to complete the
bond preliminary and motions for
new trial
Various and insistent rumors that
The jury had agreed were responsible
for crowded courtroom this morning,
and for the presence of attorneys for
both sides long before the usual hour
for conyening. AS soon as Judge Hart
entered court, and even before he re-
moved his coat, he ordered the jury
and the defendants brought into court
Il understood they have agreed" he
remarked to the press table, "and am
sending to see"
In almost moment-9:25 to be e1-
act-the twelve entered the room aud
took the same seats they have occu-
pied for nearly nine weeks.
Have you agreed upon verdict. |
gentlemen?" said Judge Hart.
we have" replied Foreman Z. M.
Burke. horsely.
Advance, Mr.. Foreman, and read
the verdict"
I'VE, the jury. find the defendants, |
Duncan B. Cooper and Robin ]. Cooper,
guilty of murder in the second de-
gree. and assess their punishment at |
confinement in the state peDitentlary |
for a period of twenty years"
So say you all, gentlemen?"
SO say We ALL" IN chorus.
=, Then after the court hal dismissed
tue Jury. Judge Anderson of the de-
tense was on his feet exclaiming:
Your honor. we move the case be
declared a mistrial because of the YER
oict oil yesterday. We contend that
Yesterdays verdict WAS the only one
anh that 1t acquitted John Sharpe. but
ueclared disagreement on the other
defendants. We also ask that the de-
tenjants be admitted TO bond"
The verdict Of the jury makes It n
ballable case" was the courts retort
Hence, / Will fix the bond OF each do.
fendant al $4,000, unless there bo
some objection In that event I will
bear arguments
1t Is satisfactory to U.S." said Al.
torney General McCarn.
And to u.s." said General Ander.
sou.
- There seems nothing left but for
Ine court to pass sentence" added
Judge Hart
Judge Anderson. "We move that that
Judgment he suspended and that wo ho
sven new trial We will be prepar-
~, ~ argue the motion later-prob-
eply next week"
court.
know you will not delay unneces.
arliy and ] will take 1t up at your
own convenience"
Bring in the bond book" said
Judge Anderson.
was done and the defendant |
nened the bond and returned with
,heii relatives and friends to the room
hoy nave occupied In the jail build !
us. Mrs Burch. who stood bravely 1
,nd even smiled in the courtroom, col
apsed as she reached the narrow cor /
laoF reading to the jail and had TO be |
Imported by her husband. Mrs Will |
'on eyes were streaming with tears.
hoth young women have counted |
.ohhhently on an acquittal. although |
zen their counsel advised against
'u,lnine too many hopes on the re-
"it' The jurors were not inclined
u 'aik, but one Of them said:
On the first ballot we acquitted
'ohn Sharpe and disregardcd the con