Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-18
FATE Of COOPERS NOW
N JURY'S KEEPING
Judge Adjourns Court Early IN After
noon and Leaves for His
Country Home.
FINISHES MS CHARGE At Ills
Defines What Constitutes Premedita-
! ton. Malice and Reasonable Doubt
Absolute Certainty Not Demanded
For convictior-Editor,a Utteraners
No Justification For Assault.
FINISHES MS CHARGE At ll:l5


With no Indications lhat The twelve
men are anywh,.r" nrIr an agree
ni"nt. IN" opinion h.'et'.., 10 pr'vaii
tha. a m;a;iia! VIII ~" .hr ,':lnina-
ton of the famous Ca" agtlns, Colo
Hrl -. Is. aru R"o!a J t"or": an;
John sharp, Tor tAr staying Of rner
United Sites senate. r.. " Iarmacx.
.. Judge Hart III y. m. adjourned
court and stared i,r his country
home.
He said he did not think conn-
try jury with no way TO get home Al
night would be foolish enough to
bring in q verdict tonight.
They'd stay ever and get the
nights lodging aud breakfast at the
States expense" ne added
Judge Hart began his charge to the
jury at $50 a. NJ. and finished al
tired to deliberate.
y Hyde Created Foreman.
The Typewriter. charge OF 81 pages
about Ie0 wSrds u the page. WA
handed TO Juror J. hyde ana accord
Ing TO custom in this county, this
makes him the foreman.
: Judge Hart has declared his intcn-
lion OF holding the jury together for
week or two If necessary in order
to get verdict.
: Judge Anderson. of the defense OK
pectcd verdict In 80 minutes. or q
,mistrial. He would not discuss the
delay tonight.
/ The courts definition Of an ever,
act was general in character, and he
instructed the jurors that they must
committed an overt act when they
crossed the street to meet CaImack.
| Daughters Frown Ois,pprovaI.
! As the court declared that no cpl.
the;. editorial or speech was sufficient
t. justify even an assault. Mrs.
'Burch and Mrs. Wilson. Colonel
Coopers daughters. frowned aud the
formers eyes oiled with tears. The
words death by hanging made the
young women vince.
!. Mrs. Carmack. arrayed in black.
twas In court. her son on the arm OF
her chair
:, A half hundred women stood behind
her and adjoining counsel for the
State
Detectives Guard Mccain.
L..
Attorney General McCarn's chair anu
kept a watchful eye on the crowd. and
a score Of special deputies were dis.
Hributed throughout the cour. 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 10 the third
floor. upon which floor the room Is
located. No one was permitted
even to loiter around the foot CT those
stairs. The Jurors were given lunch,
con at 1890 and supper at 6 p NJ.
| H;iarity in jury Room.
. After supper the jurors returned -
their room and bursts OF laughter
| and snaicbes Of song Indicated that
the twelve men were NOT discussing
definitions Of murder or theories oi
| self defense. Just at p. m. they
summoned the deputies and announc'
I'd that hey would turn IN" for the
night,
! Judge Harris charge IN paTt FLOWS:
The purpose TO kill is no less pre-
m.,iitated. In the legal sense of the
term. il IL was hcliDer stely formed
but a minute preceding ;he act by
which death IS produced. than II II
bsd been formed an hour or oiher
! period 4 time before. The question
ot vital mportarc" Is: Was the mind
OF the a IA e., A. tue momen: OF
tn. ki!Iius 80 far free frCm excite
mcnt or PASSION as 10 be capable o:
generalization. and was tho death o
the party slain the ohjcc: sought
20 be accomplishcd-'he end d"iermin
cd on
Definition % Malice.
Malice necessary 20 c1nJ'itUtn
A ,Copfinued on Eighth pagsD