The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-19
COOPER CASE GOES TO JURY.
Delay Makes Defense Uneasy-Laugh
ter and Singing in Jury Room
are Heard.

anywhere near an agreement, the op-
inion begins to prevail that mlstrlal
will be the termination Of the famous
case against Col. D. B. and Robin j.
Cooper and John Sharp for the slay-
ing of former United States Senator
E. W. Carmack. Judge Hart at 4
p. N. adjourned court and started for
his country home. He said he did not
think country jury with no way to
get home at night would be foolish
enough to bring in verdict tonight.
"They'd stay over and get the night s
lodging and breakfast at the State s
expense he added.
Judge Hart began his charge to the
jury at $50 a. m. and finished at
11.15, at which time the twelve men
retired to deliberate. The typewrit-
ten charge Of 81 pages, about 400
words to the page, was handed to Ju-
ror S. J. Hyde, and according to the
custom in this county this makes him
the foreman.
Judge Hart has declared his inten-
ton Of holding the jury together for
week or two if necessary, in order to
get a verdict.
Judge Anderson, Of the defence, ex-
pected verdict in thirty minutes or a
mistriaL. He would not discuss the
delay tonight.
The courts definition Of an overt
act was general in character, and he
instructed the jurors that they must
decide, whether or not the Coopers
committed an overt act when they
crossed the street to meet Carmack.
Cooper's Daughters Frowned.
As the court declared that no cpl
thet, editorial or speech was sufficient
to justify even an assault, Mrs. Burch
and Mrs. Wilson, Col. Cooper's daugh-
ters, frowned and the formers eyes
filled with tears. The words "death
by hanging made the young women
vince. Mrs. Carmack, shrouded in
black, was in court, her son on the
arm of her chair. A half hundred wo-
men friends stood or sat behind her
and adjoining counsel for the State
Two private detectives stood near At
torney General McCarn's chair and
kept a watchful eye on the crowd, and
a score of special deputies were dis
tributed throughout the court room.
When the jury retired two deputies
were placed on guard at the jury room
door and two more at the foot OF the
stairs leading to the third floor, up
on which floor the room is located.
No one was permitted even to loiter
around the foot Of those stairs.
The jurors We're given luncheon at
1890 and supper at 6 p. M.
After supper the jurors returned to
their room and bursts of laughter and
snatches of song indicated that the
twelve men were not discussing defln-
nitions of murder or theories Of self
defence. Just before 9 p. m. they
summoned the deputies and announc-
ed that th4y would turn my for the
night.
Judge Hart's Charge.
Judge Hart's charge in part fol-
lows:
''The purpose to kill is no less pre-
meditated, in the legal sense of the
term, if it was deliberately formed but
a minute preceding the act by which
death is produced than if it had been
formed an hour or other period of
time before. The question Of vital
Importance is, was the mind Of the as
sailant at the moment Of the killing
so far free from excitement or passion
as to be capable Of generalization.
and was the death Of the party slain
the object sought to be accomplished
the end determined on?
"Malice necessary to constitute
murder in the second degree is not
confined to an intention to take the
life Of the person actually killed Gas
in the case of murder in the first de-
gree) but includes an intention to do
any unlawful act which may probab-
ly result in depriving person Of
life
Judge Hart defined heat Of passion
as excitement of such a nature as
would obscure the reason Of any ordl-
nary man and render him liable to DO
an act which might cause death.
":Previous threats by the deceased
against the defendant. or acts Of hos
tility toward him, or previous abuse
of hin, how vio]ent 50 ever If NAV be,