The Washington times., 1909-03-20

Neither showed the slightest sign Of!
nervousness and when this episode was
concluded, Anderson made the formal
motion for q new trial.
II want to argue this point at length"
ne exclaimed to Judge Hart. land 1
would like your honor TO fix a date for
nearing It. And. in the meanwhile. I
suppose you viii now fix bafl?'
Judge Hart looked at jeff McCarn.
I'VE will not oppose ball." said the
sstter. after consulting with his assoc
cistes and Judge Hart, who fixed the
amount at s25OoO.
There was some delay while the pre-
iiminaries were being adjusted and then
the two convicted men we're released
and driven to the home or Mrs. Birch,
where they denied themselves to all
visitors. Judge Hart said that he would
hear the arguments for a new trial on
April 3. 1t developed after the jury
was discharged that Hows, Burke. Ber-
rlman. Vaughan, and Mcpherson stood
for a first degree verdict: Lane. Wood
ruff. Fruitiger. Knipfer, Schnupp, and
Adcock, for second degree, and HYDE
for acquittal
Stuck to Guns.
Through all the debates HYDE stuck
10y his guns. and 1t was not until late
yesterday that he started to weaken.
he or
feelings in the town, but there seemed
20 be general satisfaction with it, and
1t is hoped that it Will end the agita-
lion. Should the verdict be reversed
there is little chance of the Coopers
ever being tried again, as it would be
impossible TO secure another jury in
Davidson county. should it be af-
f1rmed ii may become a basis of possible
political strife in the State, as their
friends. are among the most powerful
IN this State, and they can be depended
on TO begin an agitation for their par
don. which Governor Patterson might
srsnt, inasmuch as Colonel Cooper has
been one of his closest friends and ad-
visers. and his row with Carmack real
!y started from his abandonment of the
Senator to espouse the cause of the
present State executive.
Ballots Taken.
There were eighteen ballots taken in
all On the first ballot. after it was
found that all were agreed that John
Sharp was innocent, a vote was taken
on the guilt OF the Coopers Ii re-
pesled that five jurors believed them
guilty of murder in the first degree. six
of murder in the second degree, and one.
s NJ. Hyde, voted 10 acquit The Jurors
then continued balloting, and after a
while the vote was solid. eleven for
murder IN the second degree and one for
acquittaI. So matters remained until
last night, when Hyde agreed TO coma
over with the majority
Then came the question Of the pen
atty. which. under the Tennessee law, In
all but first degree verdicts, the jury
nxes. The minimum In the State is ten
years and the maximum twenty. and It
was agreed to with little delay.
The jury then reduced It's finding to
writing. and sent ia word to the judge
this morning that an agreement had
been reached.
Mccain Pleased.
So soon as the verdict had been rem
dered and the jury discharged, the
preparations for furnishing the bail
were continued. States Attorney Jef
Mccain was plainly very much pleased
with the finding Of the jury, which he
took as a personal vindication, and In
sisted that he was perfectly willing now
that the father and son should 20 free
on bail until the supreme court shall
pass on the validity OF the conviction.
T1e insisted, however. that he and his
associates be given opportunity TO ex-
-, anime the bond, which the court ruled
as only fair.
Colonel Cooper and Robin sat care
iessly as the attorneys negotiated the
sureties. seemingly paying little atten
ton 20 the case Robin is in very ba6
health, and it is Tumored that both he
and mis- father will leave town within
O. day or 30 for long rest and TO per
nit the excitement caused by the trag
edy and the trial 70 die down