The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1909-03-25
THE COOPERS CONVICTED.

THE COoPERS CONVICTED.
RIGHTEOUS VERDICT OF JURY
- IN CARMACK CASE.
Given Twenty Years Imprisonment.
Appeal Was Taken and Bond
Given. .. 80.
Nashville, Tenn, March 90
Guilty of murder in the second de-
tgree- ee-punishment of 20 years i'm
prisonment- the unexpected
verdict rendered by the jury against
Col. Duncan B.. Cooper and Robin j.
Cooper when court opened to-day.
The jury yesterday acquitted John D.
Sharp, indicted with the Coopers for
the Staying Of Former United States
Senator E. w. Carmack.
Everything moved swiftly from
the moment the verdict was render
ed. Immediately the defense moved
to set it aside because of the verdict
of. disagreement of yesterday and
asked the court to declare it mis-
trial. Judge Hart said he would lis
ten to argument on this motion later,
probably next week. He then fixed
the defendants bonds at $4,000
each. =.
Although Judge Hart fixed the
bond at $4,000, there was a rush
to sign it on the part of wealthy citi-
zens of Nashville, which fairly
swamped the clerk of the criminal
court. In vain he protested over and
over again that more than enough
sureties had signed, but the invari-
able answer was, 1--WE want to put
our name on that bond too"
1t seemed as though every friend
of the Coopers considered it incum-
bent upon him to sign the bond.
When there was no more room for
names at the foot of the document,
the new bondsmen indorsed it across
the face until it was difficult TO de-
cipher the signatures. When filed
the bond totaled nearly $1,5OO,000.
The Coopers returned to the jail
this afternoon late and removed
their personal effects. For the pres
ent Col. Cooper will make his home
with Mrs. Burch and Robin will re-
turn to his old quarters with his
uncle, John C.. Bradford.
Tonight the father and son re-
tired to the home Of Judge ]. C..
Bradford and discussed the next
move in the case.
Large Crowd Present.
Various and insistent rumors that
the jury had agreed were response
BILE for crowded court room this
morning and for the presence of at
torneys on both sides long before the
usual hour for convening. =:
AS soon as Judge. Hart entered
court and after he removed his coat
he ordered the defendants and the
T. jury brought into court.
Il understand they have agreed, )"
he remarked to the press table, "and
am sending to see."
In almost moment, at 1925, to be
exact, the IL men entered the room
and took the same seats they have
occupied for nearly nine weeks.
Have you agreed upon verdict,
gentlemen?" asked Judge Hart.
1--WE have" replied Foreman E. M.
Burke, hoarsely.
Advance, MIR. Foreman, and read
the verdict
I'VE, the jury, find the defendants,
Duncan B. Cooper and Robin j..
Cooper, guilty of murder in the sec
ond degree, and assess their punish
ment at confinement in the State
penitentiary for period OF 20
years"
$50 say we ALL" in chorus.
II thank you, gentlemen" said the
court, "for your patience and devo-
ton to the State and dismiss you to
your homes and to your personal
employment.
| At the conclusion of this remark
the entire IL sprang from their seats
as one man and hurriedly left the
court room.
The verdict, coming as 1t did upon
the heels of Foreman Burke's declar-
alton yesterday that we are hope
lessly tied up as to the Coopers," was
decided surprise. The defendants
took it coolly-almOst without emo
ton.
In a second after Judge Hart ceas-
ed dismissing the jury, Judge Ander-
son, of the defense, was on his feet
exclaiming:
| Hold 1t a Mistrial.
your honor, we believe that the
case should be declared mistrial be-
cause of verdict; we contend that
Yesterdays verdict was the only one,
and that it acquitted John Sharp,
but declared a disagreement on the
other defendants. We also ask that
the defendants be admitted to bond
at once" .,
1.-THE verdict of the jury makes 1t
bailable case," was the courts re-
tort, "hence I will fix the bond OF
each at $4,000 unless there be some
objection. In that event 1 will hear
argument. .
1T is satisfactory to us" said At
torney General McCarn.
"And to u.s." retOrted Judge An