New-York tribune., 1909-03-18
JURY HAS COOPER CASE
4 MTSTRTAL LOOKED FOX.
HviH Be Held T5co Weeks, if Neces-
Saru for Verdict.

Nashville Tam March with the jury still
out and with no indications that the t"ei'7 i.e
are anywhere near an agreement, the oplion
gins to prevail that no verdict VIII ne Ietul L7 "
the trial Of Colonel D. B Cooper. Rooln d up,
John D. Sharp for the staying OF
States Senator F. ". Carmack-
Judge Hart at .. m. adjourned court anu eta '91
for his country home. saying II, :.
..TS tra i,,rors reach verdict tonight u VIII oe
inst "a good II, the morning I don't believe l"
midnight v4rdic+e ANYHOW. And do not thlhh
country Jury with no way to get home al night
would be foolish enough TO come IN WIN ore
They'd stay over and get the night s iooeins anu
breakfast at the states expense
1,dga Hart hogan his charge at $50 a m. ana
finished at HIS o'clock at which time the jury re-
tired TO deliberate. The typewriter cIIs' &c
sixty-two pages about four hundred *oroS 70 'l.o
mage was handed TO s J. Hyde, ana ACCORDING u
,+or,, IN +bIa count,-shs makes him the foreman
The twelve men deiberated quietly uhul iz.o'
o'clock Then they went TO luncheon' liiiineu
atelv after the meal they settled down 10 'heil
ask again For long time there came ON! tiie
ynonotonous sound OF some one reading prooaoi9
the charge Later the jurors began 10 argue 80
at times their voices were raised excitedly. ms
continued all afternoon and evening oroKeh ohi'
by supper at ?. m ,,
Judge Hart has declared his intention OF ho!a-
ing the fury together for week or two, II neces-
sarv 10 get verdict The costs in the case
have been enormous and II IS realized that
second Jury TO try the case never could pe oo-
tanned in this county.
Attorney General McCarn looks for verdict
Of guilty Judge Anderson, Of the defence pre-
dtcted A verdict of acquitta in thirty minutes or
q roistriaI He would not discuss the delay To-
night
Mrs Burch and Mrs Wilson. Colonel cooper
daughters. eagerly listened TO the judges chHrse.
As the Court declared that no eptthet edltor'al
or speech was sufficient 20 justify an assault
borf frovned. and Mrs. Burch closed her eyes
for a moment When she opened them they We're
erad with tears The words death by hanging
made her vince
Mrs Carmacll. in black from head 10 foot was
again IN court her head upon her sister shouue',
her son on the arm Of her chair haif hullui Vu
women friends stood or sat behind her ana au-
ioinins counsel for the state. Two private ue-
1Actives stood near Attorney General McCa
chair and kept watchful eve on the crowd
Judge Hart's charge in part follows.
The distinctive feature Of murder in the mrs. , ee
previously formed design TO XIII II Is not IsG 'i
sary that such design should have Peen M Tetion
The purbose kill Is no less premedltateIGd III m M
Legal sense ms OF minute @ preceding the act
The question TO be deternned & iS Was s. me s nfIe f
from excitement as 10 permit premeditationf
Judge Hart declared malice TO be the chief thing
to be taken into consideration IN determining second
degree murder. He continued:
The legal meaning OF malice, IN cases Of murder
ir7 fha
homicide committed in cold blood. with design aId
generalization in first degree murder. out eA-
tends to all cases. howsoeVer sudden the occasion
I'm which the act is done under slch cruel clIcLl m
stances as are Indicative Of wicked. depraNed ana
malignant spirit as when the puuslIileiTl, i II , o,I
ear urnn rrnyoCat ton IS outrageous In nature ana
beyond ali proportion to the offence -.
Where the OF a deadly weapon by the one Vilo
docs the killing IL shown. and death Is clearly
oroyed 70 have resulted from the use or tne "eap"
III ia presumption or law that the NiiIIiS
Tras done rnaliciously-that is. with such malice aS
is required to support murder in the second degree
Judge Hart defined msnslaughter as the unlawful
killing Of another without malice. Such killing he
said might be voluntary, upon a sudden heat or
involuntary but in the commission Of some unla"-
fI act. Heat OF passion was defined as excitement
Of such nature would obscure the reason or
any ordinary man and render him liable to do an
sct which might cause death. He went on;
Previous threats by the deceased against the de-
fendant or acts Of hostility toward him. or previous
abnsa Of him how violent soever II may have been
or trespa upon his property are not such provo
cation the law recognizes as sutnclent 10 rfduce
IN unlawful killing manslauShter. II the killing
wss done after the lapse Of such time as would
have served reasonable person 70 regain seit-con-
troll -----.----- --.,.tz :. -.
deemed IN the law malicious and not the result or
r,ro,-ora ton. and. therefore, would be murder
Tuynluntarv manslauEhter Is a case OF killing
zbere il plafnIv appears that death was not IN
tended hut was the result Of some unlawful act