Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-23
COOPERS CONVICTED OFSECOND DECREE MURDER,
GIVEN TWENTY YEAR TERM ASK FOR NEW TRIAL
MAKE SIS, 600 BONDS AND LEAVE JAIL IN AUTO
COUNSEL FOR DEFENSE
ASKS COURT TO DECLARE
VERDICT WAS MISTRIAL
Judge Says He VIII Hear arguments
On Motion Later-verdiet Comes
as Surprise After Reported Disa-
greement of Friday.

NASHVILLE. Tenn. Mach 60
Guilty OF murder i'm the second de-
gree. with twenty years imprison-
ment as the penalty. was the verdict
of the Jury this morning in the case
against Duncan b. Cooper and Robin
j. Cooper fo- the staying of former
United states senator +. w. Car
mack. The jury yesterday acquitted
John ID sharp. a co-defendant.
Immediately the defense moved 10
set aside the verdict of disagreement
OF yesterday and asked the court to
aeciare IL a mistrial. Judge Hart
said ne would listen to arguments ON
this motion later. He then fixed
the defendants bond at $25,OOo
each which amount was acceptable
20 BON sides.
ne verdict. coming as il did upon the
heels Of Foreman Burk's declaration yes
ferday thai I'VE are hOpelessly tied up a.
10 ne Coopers~ was = decided surprise.
The defendants took II cOOiiy
without emotion
Mrs. Burch and Mrs. Wilson. the young
daughters OF Col. Cooper. were brave ane
aside from fearful eyes. restrained thele
emotions gamely.
A.. Burch sat with her arms around
her brother Robins shoulder and Mrs
Wilson was at her fathers right
me suspense for the two young women
had been heart rending and any verdict
however unfavOrable was a relief
The jurors were tired looking and dis
heveled and when the court remarked:
Jury Hurries from Court
II thank YOU. gentlemen. for your pa
thence and devotion TO the state and dis
miss vou 10 YOUR home and your personal
nvocations." the entire twelve sprangfrom
fnafr SEATS as one man and hurriedly left
the court room
The defendants and their counsel re-
manned 70 complete the bond preliminaries
and motions for a new trial.
Various and insistent rumors that the
snrv had agreed. were responsible for
rv,n. aas eourt r.om this morning and for
me presence Of attorneys on both sides
1onx before the usual hour for converting.
As soon as Judge Hart entered court
and after ne removed his coat, he ordered
the defendants and the jury brought into
court
II understand they have agreed" he re-
marked to the press table. ''snd am send
ing 20 see"
Jury Entered at Nine Twenty-Five
In almost a moment. at SIS to be exact.
the twelve men entered the room and took
the same seats they have occupied Tor
nearly nine weeks
Have you agreed upon a verdict. gen
tlemenT- said Judge Hart
I'VE have" replied Foreman T. n
Burke. hoarsely.
Advance. Mr.. Foreman. and read the
verdict.
eve. the Jury. md the defendants Dun
ran B. Cooper and Robin ]. Cooper guilty
81 murder IN the second degree and assess
fheir punishment at confinement in the
stats penItentiary for period OF twenty
years
SO say you all. gentlemen?'
so say we ALL" in chorus.
II thank you. gentlemen" said the
court safor your patience and devotion IN
ne state and dismiss you 10 your homes
and 70 your personal svocations.''
In second Judge Anderson. OF defense.
Eas on hts feet exelalming:
your honor. we move that the case be
zeciared a uistrfaI because OF the verdict
yesterday: We contend that yesterdays
verdict was the only one and that Il &C
quilted John Sharp but declared a disa-
xreement on the other defendants. We
also ask that the defendants be admitted
. bond AZ once"
.fThe verdict OF the jury makes It a
snilable case" was the courts retOrt.
Hence viii TX the bond Of each defend
ant az S25.0o0 unless there be some Objec-
ION. In that event I will hear argu-
nenis.~
IT is satisfactory to US" said Attorney
General Mccain.
eAnd 10 US" retorted Judge Anderson.
There seems 10 be nothing left but for
me court 20 pass sentence" added Judge
Cart
Verdict Was Surprise
II do not think that necessary" said
Judge Anderson. we move that judg-
nent be suspended and that we be given
= new trial We will be prepared to ar
cue the motion Ister-prObably next
week
an right. Judge" remarked the court.
~ know you viii not delay unnecessarily
and I VIII take II up at your own con-
renience."
Bring in the bond book" said Judge
Anderson. II was done and the defend
ants signed the bond and returned with
their relatives and friends TO the room
hey have occupied in the jail building
Mrs. Burch. who stood bravely and even
smiled In the court room. collapsed as
she reached the narrow corridor leading
10 the jail and had to be supported by
her husband Mrs. Wilson's eyes were
streaming with tears. Both young wO-
nen have counted confidently on an &C
tuittal. although even their counsel nd-