The Topeka state journal., 1909-01-15

ALL OF ONE MIND.
Jury in District Court Finds
Charles Cooper Guilty.
Fate Is Determined by the First
Ballot.
STORY OF LITTLE GIRL
Many Spectators Wept as Virgie
SmelZer Tells of Abuse.
STORY OF LITTLEGIRL
Prisoner Hears Recital With
StoIid Indifference.

With the encouraging words of
County Attorney Schenck ringing in
her ears-"Be brave, little girl, be
brave" innocent Virgie Smelzer. a Is
year-old child from silver Lake, sat in
the witness stand at the district court
| last evening and before a crowd that
| filled the very galleries to the roof,
| she told the sad story of her abuse by
Charles Cooper a brute of the worst
type.
1t was the most straightforward
Shawnee county court house and to-
day the bravery, the seriousness, the
innocence and the earnestness of the
little girl is the chief topic of con-
versation.
1t is needless to say that the story
as told by the child succe aded in its
purpose. 1t will send the man to a
cell in the state penitentiary. Last
jury without a dissenting vote or a
contest of any kind. The first ballot
decided the fate Of the prisoner.
Charles Cooper who was arrested on
Virgie Smelzer at Silver Lake has
been found guilty on the first ballot
and the penalty for the crime is
twenty-one years in the state peniten-
tiary.
When the court convened Thursday
the court room was crowded to the
doors. 1t was the biggest crowd since
the John Collins trial many years ago.
And it was one of those crowds that
sRer veneer MEerson IN tatoneG tha nedy ir his
deputies all over the court room and
the galleries who were watchful of an
uprising of any kind-as the residents
of Silver Lake have threatened to
hang or burn the prisoner at the first
chance and the mobilize stiffness of
the assembled multitude yesterday
suggested an outbreak of rage on the
doomed prisoner. There were groups
of men gathered in the court house
lobbies all day and many of them were
overheard to threaten the life of
Cooper If he was turned into the hands
of the public. He has been near the
verge of lynching a number of times
trouble rescuing him the first time
without giving the people another
chance at his life.
The court was opened with the ''dis-
covering" of the witnesses and the story
OF the case told to the jury by County
Attorney Schenck Then little Vergie
Smelzer was ordered to the stand and
stiffness reigned in the big court room.
The county attorney gave her a few
and not fear the masses of staring faces
and the proximity of the MAGISTRATES
of the law. The child was dressed in
plain dark blue dress that came but a
light hair was braided in two long
heavy braids down her back. She fold
ed her hands in her lap slowly, finger
ling a small White handkerchief. She
answered without a quiver and without
a sign of weakness the many questions
that were asked her. 1t was an en-
barrassing half hour for the little girl.
Questions that would have never oc-
CURED to her in a life time and answers
that her pure little lips would never
have lisped were made bare to the pub
lie from that witness stand. All of the
natural girlish modesty, all of the Gus
tomary bushes of both embarrassment
and shame were cast aside by the
pIucky girl and her testimony was given
freely and honestly as she looked
straight into the piercing blue eyes of
the county attorney. Her actions and
her manner suggested the truthfulness
of her story while the defendant, the
criminal, sat in his chair nervously tear
ing up bits of paper and slashing pencil
lines over the blank paper on nearby
desk. He was restless and although he
shifted positions in his chair he never
took his eyes off Judge Dana-his look
was CHASTITY and one of fear. Once dur
ing the testimony when Vergie told OF
certain mistreatment of her he sat
forward in his chair and clenched his
fists as if in anger and wildness
The court room and galleries were
sprinkled with women who cried and
sobbed during the plain outspoken story
as told by the sweet faced girl.
1t is practically decided that Charles
Cooper will go to the state penitentiary
it is doubtful if his appeal, if he makes
one, will hold any more water" than
the trial yesterday. Galen Nichols. the
attorney for the defendant, fought a
stubborn battle but in spite of all there
was too much of the girlish sympathy
and the black stare of the crime to
make jury see in his light.
The following men composed the jury:
F. M. Stonestreet, B. P. Main, w. G.
Tandy, F. S. Palmer, Mac Robinson,
Harrison Chiles. I. n. Morrow, Martin
Werner, ]. N. Edgar. R. u. Armstrong,
Geo. Bass, w. T. Calvin.