Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-19
CHARGE IN COOPER CASE.
Judoe Hart Made Complete Exposition
of the Law.

| or the Law.
After considerable delay in its prep
aration. Judge Hart delivered his
charge in the Cooper case last wed
nesdav morning. He had announced
IN Tuesday morning that the charge
would he ready at 2 O'Clock thal
afternoon: but was unable to compiete
n. Altogether 1t included slxty-two
tvnewritten pages Of 400 words eacn.
fawyers say that 1t Is the most COM
| nrehensiye and clear charge ever oe-
| iivered in a Tennessee court, anu m
cludes. with the theories OF the state
and the defense, digest OF the testi,
mony of every witness VINO testlneo
on either side.
"The law makes q judge q "iIness
of the law" remarked Judge hart
80 1 will now take the WITNESS s'a'''
and give my testimony. -
He left the bench, walked arouno %
tho chair which has been the center
| of attraction for two months ana oe-
gan to read: ..,,s hu,
ono charge upon its face, 1t embraces
four distinct felonies-murder In mrs
degree; murder in second degree: Vol
untary manslaughter; involuntary
manslaughter." 49, e,,,
After defining murder in the frs'
degree. he said: 1.-THE distinctive Iea
ture of murder in the first degree IL
| generalization and this eiement ~ a.
wolves previously formed desish -
kill" - ao-
He added: "The question to be de-
termined is-was the mind OF the
| SLAYER at the time Of the killing SO 1ai
free from excitement as to permit pre-
meditation? =,
Jndge Hart declared malice to De
the chief thing to be taken into con
| sideration in determining second oe-
gree murder. ,,no
of malice. in cases of murder In tne
| second degree, is that 1t Is not comm
ed to homicide committed In colo ploou
with design and premeditation, as =,
first degree murder, but extenos 10 a.
cases, however sudden or occasion, ~
which the act Is done under such cruz !.
circumstances as are indicative OF q
Wicked depraved and malignant spirit
as when the punishment inflicted, even
upon proyocation, is outrageous In lts
nature and beyond all proportion &c
the offense. Were the use OF the
deadly weapon by one who dies, killing
is shown and death is clearly proven
to have resulted from use or the Wea-
non NV him. II Is presumption or law
| that the killing was done mal1clously
that is. with such malice as Is required
TO support murder in second degree.
Judge Hart defined manslaughter as
unlawful killing Of another WITHOUT
| malice. .,.o
Continuing, Judge Hart said: Pre-
vious threats by deceased agalnst ue
/ anfc "a hnStilitv
him, or previous abuse Of him, how
violent so ever it may have been, Oh
trespasses upon his property, Is no.
such nroyocation as the law recog.
nizes as sufficient to reduce unlaWfuI
killing to manslaughter II the killing
was done after lapse of such time az
| would have served reasonable per-
son to regain self-control
"a killing under these circumstances
would be deemed by the law malicious
and not the result of provocation ana
therefore, would be murder.
| "You enter upon this investigator
with the presumption that the de1end.
ant is not guilty Of any crime, ano
this presumption stands as witness
for him until 1t is rebutted and over
turned by competent and credioie
proof. sufficiently strong as to satist!
| Won DoyOnQ TedSOudpiC uouoS S
defendant Is guilty of some one OF tine
| offenses which have been heretofore
defined and explained to you.
| Judge Hart finished his charge al
|1115 o'clock, central time. The jury
Immediately retired.
Awaiting the Verdict.
Nashville, Tenn, March 1S.-Anoth-
er day passed and no intimation OF an
agreement came from the room IN
which twelve men are trying TO decloe
the fate of Col. Duncan b. and RoDln
Cooper and John D. Sharpe for the
murder Of former United States SEN
ator Edward w. Carmack. This Is the
second day Of suspense and the Ieei-
ing is generally growing that there
will be a disagreement Counsel on
both sides, however, as well as the
court hold that there will be verdict
| Judge Hart convened court at q
m, and began the regular grind ol
criminal cases. In one hour fourteen
negroes accused Of minor misdemean-
ors and felonies were tried by 1urles
and convicted, most Of them on pleas
MANY of the audience who had beer
regular attendants at the Cooper trla
marveled at the expedition with whict
their cases were handled as compared
with the nine weeks devoted to tIe la
nous trial which is yet to be finished
The jurors went to supper at O'CLOCK
this evening, ate in silence and hurried
back to the big room to resume thell
deliberations Each time they leave
the room they lock the door and one OF
their number carries the key.
Judge Hart remained at the court
house until noon. He then left ano
communicated with Sheriff Borum by
telephone twice during the afternoon
once at 2.45 and again at 5.15. Upor
the latter occasion he told the sheriff
that even If the jury reached decis.
ion he would not receive it before
a. m. tomorrow.
Sharpe Acquitted.
| A Western Union bulletin received
in Yorkville at o'clock this afternoon
was to the effect that the jury has ac-
quilted Sharpe and is unagreed as tc
the CooperS.
Cannon Seeks Revenge.-Evidentl5
nettled at the strong showing MADE
against his rule by the alliance between