Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-03-20
COOPERSCONDEMNED;
TWENTY YEAR TERMS
Verdict of Second Degree Muir
der PresCribes Penalty.
BOTH FREE ON $50, 900 BAIL
Motion to Declare Case a Mistrial
Made by Defense.
ARGUMENT WITHIN ONE WEEK
Only One Juror Voted to Acquit Ac-
cused-Six for First Degree
Bond Raised Quickly.
BOTH FREE ON $50, 900 BAIL
Motion to Declare Case a Mistrial
Made by Defense.
ARGUMENT WITHIN ONE WEEK

NASHVILLE Tenn, March 2O-Col.
Duncan g. Cooper and his son, Robin J.
Cooper indicted for the shooting of for
mer Senator Edward W. Carmack No
vember O. last year. this morning were
found guilty of murder in the second de-
gree and sentenced to terms of twenty
years each.
The jurors entered the courtroom at
a:23 o'clock. just seventy hours from the
time the case was put into their hands
Wednesday morning. and reported their
finding.
The jury yesterday acquitted John D.
Sharp. co-defendant.
Immediately the defense moved to net
aside the verdict because of the verdict
of disagreement of yesterday. and asked
the court to declare ii a mistrial.
Judge Hart said he would listen to argu-
ments on this motion later. He then fixed
the defendants bond at Sc. coo each.
which amount was accepted by both sides
The verdict. coming as it did upon the
heels of Foreman Burke's declaration yes
to the Coopers.'' was a decided surprise.
The defendants took 1t coolly, almost
without emotion. Mrs. Burch and Mrs
Wilson, the young daughters of Col
Cooper, were brave. Aside from fearful
eyes they restrained their emotion game
ly- Mrs. Burch sat with her arm around
her brother Robins shoulder. Mrs. Will
son was at her fathers right.
The suspense for the two young women
had been heartrending. Any verdict,
however unfavorable. was relief.
Jury Dismissed With Thanks.
TIE Jurors looked worn out. The court
remarked:
Il thank you. gentlemen. for your pa
tience and devotion to the state, and dis
miss YOU to your homes and your per-
sonal vocations."
The entire twelve men sprang from,
their seats as one man and hurriedly left
the courtroom The defendants and their
counsel remained to complete the bond
preliminaries and the motion for new
trial.
Rumors that the jury had agreed
brought a crowd to the courtroom this
morning and caused the presence of the
attorneys on both sides long before the
usual hour for convening.
As soon as Judge Hart entered court,
and even before he removed his coat, he
brought into court.
II understand they have agreed" he
remarked 10 the press table. 'and am
sending TO see
Exactly at 9:o5 o'clock the twelve men
entered the room and took the same seats
they have occupied for nearly nine weeks.
Have you agreed upon a verdict gen
'lemen?, said Judge Hart
We have. replied Foreman z. NJ.
Burke. hoarsely-
Advance Mr.. Foreman, and read the
verdict"
We, the jury find the defendants Dun
can B. Cooper and Robin j. Cooper guilty
of murder in the second degree and as
sess their punishment at confinement in
the state penitentiary for period of
twenty years.
so say you all. gentlemen?'
SO say We ALL replied the jurors i'll
chorus
The court then thanked the jurors and
dismissed them
Motion to Set Aside Verdict.
Judge Anderson OF the defense arose at
once. exclaiming:
Your honor. We move the case be de-
Clared mistrial because of the verdict .of
yesterday. We contend that yesterdays s
verdict was the only and that it ac-
Quilted John Sharp, but declared a dis
agreement in the other defendants.
We also ask that the defendants be
admitted TO bond az once
The verdict of the fury makes IL bail
able case, was the courts retort- Hence
] will fix the bond of each defendant at
$1,000 unless there be some objection
In that event I will hear arguments
1T is satisfactory to u.s." said Attorney
General McCarn.
And to u.s." said Judge Anderson
There seems TO be nothing left but for
the court to pass sentence added Judge
Hart
4 do not think that necessary" said
Ia
ment be suspended and that we be given
new trial We will be prepared to argue
the motion later-probably next week.
All right. judge. remarked the court.
Il know you will not delay unnecessarily
will take 1t up at your own conyen-
ience."
The defendants then signed the bond
and returned with their relatives and
friends 10 the room they have occupied in
the Jail building.
Mrs. Burch. who had stood bravely. and
had even smiled in the courtroom. COL
lapsed as she reached the narrow corridor
leading TO the jail. ana had 10 be sup
ported by her husband Mrs. Wilson s
ewes were streaming with tears. Both
an acquittal although even their coun-
sci advised against building too many
hopes on the result
One Juror for Acquittal.
The jurors were not inclined TO talk, but
one of them said
''On the first ballot We acquitted John
Sharp and dsregarded the conspiracy
theory. On the same ballot we stood six
for guilty of murder in the first decree,
with mitigating circumstances; five for
murder in the second degree. with twenty
years. the maximum penalty, and one for
acauittal.
The ballots all day Wednesday and
Thursday showed the same result. les
terday the man who voted for acquitta
went over TO murder in the second degree
hut demanded that only ten years be as
sessed. The rest of us did not deem ter
years anything like adequate. So We
disagreed again
of course, all this refers to the Coop
crs. not Sharp. whom We had acquitted.
Early this morning the who was
holding out for ten years agreed TO twenty
years. The six WHO voting fo~ .