The Montgomery advertiser., 1909-03-18
Judge Hart Goes to
 Country. WOULD NOT RECEIVE
 VERDICT AT NIGHT Ihfong of Persons Hear Charge to
 Jury. Every Phase Of Car,nack Tragedy Is Reviewed--Frecautton Taken To Protect the Life or At
 torney General

NaSnvtllo, March l7.-W1tn tno Jury stin out and with no indications that the twelve men are anywhere near an agreement. the opinion begins to pre- vail that a mistrial will be the ter mination of the famous case against Col. D. B. Cooper and Robin J. Cooper and John Sharp for Che staying of for mer United States Senator E. W. Car mack.
 Judge Hart evidently does not expect an early verdict, for at { p. m. he ad- 1ourned court and started for his country home. The sherift asked him If he would return to receive a ver- dict during the night.
 T will not," hS replied promptly. If they reach . verdict, tell theIn 1t will be just as good in the morning. I don't believe in midnight vsrdicts any how. And do not think country jury with no way to get home at night would be foolish enough to come in with one. They'd stay over and get the nights lodging and breakfast at the States expense"
 Charge Was Lengthy.
 Judge Hart began his charge to tho jury at 9;a0 a. m. and finished at 11:lb.
  to deliberate. The typewritten charge of sixty-two pages about 400 words to the page, was handed to Juror S J. Hyde and, according to custom In this county. this makes him the foreman.
 The twelve deliberated quietly until a2:so, when they asked for luncheon. Immediately after the meal they set tied down to their task again For long time there came only the monot- pnous sound of some one reading probabfy the charge. Later the twelve began to argue and at times their voices were raised in excitement. This rontinued all afternoon and late into khe evening, broken only by supper at 6 ?. m.
 Judge Hart has declared his inten- tion of holding the jury together for week or two. if necessary. in order to get a verdict. The costs in the case have been enormous and 1t is realized that . second jury to try the case never could be secured in this county.
 Attorney Geenral McCarn looks for a verdict.
 "The charge is long," he said. "and the jury is made of farmers who do not think rapidly. They may want to read that charge a dozen times be- fore they are satisfied that they under stand a certain point. I am confident that they will give us verdict before the end of the week."
 Judge Anderson, Of the defense. ex- pected a verdict in thirty minutes or a mistrial. He would not discuss the delay tonight.
 Lawyers say the charge of Judge. Hart is the most comprehensive ana clear charge ever delivered in a Ten nessee court and includes the theories of state and defense. digest of the testimony of every witness who testi fled on either side.
 After supper, the jurors returned to their room but there was no loud talk. Instead, bursts of laughter and snatches of song indicated that the twelve men were not discussing definitions of mur- der O. theories of self-defense. Just before nine o'clock p. m.. they sum- moned the deputies and announced that they would turn in" for the night.
 Great Crowd Present.
 The court room was empty at S:45 a. n, but at 9:30 when the judge be- gan to read, 1t was packed to the four walls. The word had gone out that the final scene in the drama was set and the audience rushed to witness it.
 "rhe law makes the judge the wit ness of the law" remarked Judge Hart. "so I will now take the witness stand and give my testimony"
 He left the bench, walked around to the chair which has been the center of attraction for two months and began to read.
 Sheriff Borum had a dozen deputies scattered through the room, and in ad- dition, asked and received a detail of ten uniformed patrolmen. who were stationed around the bar.
 "I do not anticipate any demonstra- tion," he said. but will run no risk of having one at the eleventh hour"
 nF ar& ok was general in character and he in- structed the jurors that they must de- eide whether or not the Cooper's com mitted an overt act when they cross- ed the street to meet Carmack.
 The defendants. neatly attired and cleanly shaven were brought in and for moment held 8 levee near the bar. Their friends and relatives crowded around them, shook hands and predicted that they would all take dinner at home tonight Mrs. Burch and Mrs. Wilson, Colonel Coopsrs two daughters, leaned eagerly forward and drank in every word of the charge.
 As the court declared that no eplthet. editorial or speech Twas sufficient to justify even an assault both girls frowned and Mrs. Burch closed her eyes for moment When she opened them. they were filled with tears. The words death by hanging" made the young woman wince.
 Mrs. Carmack. shrouded in black from head to foot. was again In court. her head upon her sisters shoulder, her son on the arm of her chair. A 1 half hundred women friends stood or sat behind her and adjoining counsel for the State.
 Two private detectives stood near Attorney Qensral McCarn's chair and kept wetchful eye on the crowd Sheriff Borum placed two deputies on guard at the jury room door and two more at the foot of the stairs leading to the third floor, upon which noor the room is located No one was permitted even to loiter around the foot of those stairs.
 Judge Hart's Charge.
 Judge Harts charge to the jury is 1 quite lengthy. It begins: l