The Birmingham age-herald., 1909-03-21
Verdict of Second Degree Nui- der Is Given With Tuen-
 B Years In Prison
BONDSMEN SIGN BOND ID
 AMOUNT OF Sl,5OO,O0O
Defendants Accept Verdict Without a Show of Emotion, But Colonel cooper's Daughters Are
 Greatly Affected.

Nashville, March 2o.-(Special.) )-Duncan B. Cooper and lis son, Robin, are spend ing the first night at home since Novem- Der g. following their release on s25.oo9 bail each this afternoon after their con viction this morning of murder in tho second degree for the killing of former Senator Edward Ward caraaek. Inc sag- dict carrying penalty of 20 years in the state prison
 The verdict came as a surprise following the announcement of the jury yesterday when they acquitted John b Sharp. ono of the co-defendants When the jury brought in this partial verdict they an- nouneed that they were hopelessIy tied up as regards the two Coopers, but they were sent back for further consideration of the case by Judge Hart.
 This action of the jury and the court was made the basis of a motion for ls new trial for the Cocpers as soon as the verdict was brought in today. Judge Ar derson of counsel for the defense was upon his feet as soon the jury had reported. asking the court tDat date be set for the argument on a new trial. He contended that Fridays verdict when Sharp was acquitted and the jury re- ported itself hopelessly hung on the Coop CTS was final; that it not only released Sharp, but legally caused mistpial for the coopers,
 Judge Hart announced that argument on this application would be heard next week.
 The defendants took the verdict without any visible show of emotion. The Coop CTS. rather and son, were summoned io court as soqn as 1t had bequ convened They greeted friends pleasantly as they took their seats to await the jury. Mrs Burch and Mrs Wilson, daughters of Colonel Cooper, who have never once de- serted their father and brother during the long, tedious days of the trial sat be- side them today wearing a wan look upon their faces. The strain of the trial had told upon their. delicate features
 With a few minutes delay the jury was ushered into the room. There was deathly pause as they took their seats.
 Have you agreed upon verdict, gen. tlemen2" inquired Judge Hart.
 We have said Foreman E. M Burke. who advanced and read
 We the jury. find the defendants, Dun- can B. Cooper and Robin ]. Cooper, guilty of murder in the second degree and as- sess their confinement in the state penl- tentiary for a period of 20 years
 Not a muscle in the faces of the two de- fendants twitched as the verdict was read Tears were in the eyes of Mrs. Burch and Mrs Wilson, but they con- trolled their emotions remarkably.
 Judge Hart thanked the jury and dis charged them With a show of haste they made their way from the courtroom. anxious to respond to the call of spring on Paradise Ridge.
 After Judge Anderson had made his motion for a new trial the defendants adjourned to the office of the clerk of the court, where the preparation of the s25.OOO bond for each which was allowed by Judge Hart after the verdict was rem dered, was begun James E. Caldwell. H. B. Chadburn and c. N. Anderson completed the bond, making total of s1 50o. GOO instead of the s500o0 asked by the state.
 The Burch automobile drove up to the courthouse and the defendants were whisked away.