The Washington times., 1909-03-17
End of Famous Trial in
Sight After Bitter
Struggle.
CHARGE OF JUDGE
FAVORS NEITHER
Every Point Covered in His Long
Observation-Disclosures Ex-
poets Acquittal.

NASHVILLE, Tenn, March H.-LAcl1-
ing but few days OF having lasted
two months, and filled with exciting in
cidents from beginning to end. the
famous case Of Col Duncan B. Cooper,
hts son Robin, and ex-Sherin John
ID. Sharp, charged with the murder OF
formar Senator Edward W. Carmack
went 70 the jury this morning. with the
delivering OF Judge Harts long instruc-
tions
The instructions contained Is, 900 words
and covered every point that has been
raised in the progress OF the trial. There
were frequent disQuisitions on the ap-
piication Of the common law TO the case.
which to an inapt juror would have
been highly confusing.
BY the most partisan spectator the
charge Of the court could not be con-
strued as favoring either side Every
advantage gained by State or defend
ants in some particular instruction was
quickly cOunterbalanced by a point IA
vorng the other side until at the end
net'ser side knew whether 10 consider
the charge favorable or unfavorable.
Four Degrees.
while the Indictment" said Judge
Hart. contains but one Charge. upon
It's face, under the law, it embraces
four feIonies; murder in the first de-
gree. murder in the second degree, vol
untary and involuntary mansIaughter.
In referring to an overt act in his
charge, Judge Hart instructed the jury
that If IT was Of the opinion that Col
onel Cooper committed an overt act in
what he oIc snd said AZ the time he
met Carmack. then the plea of self
"a
OF. II Cooper had abandoned his idea
or his threat 20 kill Carmack on sight.
or that the town was not big enough TO
hold them both, and X tina idea or de-
termination formed in his mind again
when he saw Cooper, while he fCooper,
was at the corner OF Union street and
Seventh avenue and that such was his
purpose in crossing the street, then the
defendants could not take advantage
OF the plea OF zelf-defense
But III the jury decided that there zraS
no overt act committed by the CooperS.
and II Robin Cooper went over with
the intention of merely to be with his
father and not 10 commit any act OF
violence, then such action must be con-
sidered not as an overt act.
Self-Defense.
Again. II Carmack had not been ad-
vised OF the peaceabIe intention Of the
defendants, and If the fury was of the
opinion that his state of mind was s,,ch
tha- he believed the Coope-s were abour
10 carry out the threat TO take his life
then he was justified in firing, and the
plea Of seh-defense could not be taken
advantage OF by the defendants
The court instructed the jury rninuteIy
On the various degrees of rnanslaughter
an1 homicide, the presumption Of inno-
cence in self-defense, supporting every
instruction with copious quotations from
the law.
The court then went into the various
theories as advanced by the State and
defendants, and instructed the iurv
how 10 find its verdict IN the event lis
hndings were along the line Of any OF
the theories advanced.
AS the reading concluded with the
customary words True verdict render
according TO the law and the evidence
hush fell over the courtroom. Every
Juror was leaning forward in his chair.
This tense moment was quirl:ly fol-
owed by coughing and the shumliuR Of
eet. marking the end Of the long sea
son Yf suspense. The prisoners en-
their counsel
Colonel Cooper Pleased.
As the jury filed out Colonel Cooper
the aged defendant, smiled broadly. in
dleaung that his lawyers had told him
that there was nothing unfavorabIe IN
the instructions. The general opinion
Is that the jury will disagree, but the
defendants are confident Of a verdict
Of aequittaL
The trial OF the Coopers and Sharp in
point OF interest and bitterness, stands
out pre-eminent in the criminal annals
of Tennessee, both on account OF the
prominence OF the principals In the
tragedy which shocked the entire na-
ton, and because IL marked the climax
% one OF the hardest fought political
Continued on Second Page)
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