The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-21
COOPERS ADJUDGED
GUILTY OF MURDER
Jury Case of Father and Son Accused of Numbering For
mer Senator Carmack, Nashville, Finally Agrees Upon
Verdict With Recommendation That Convicted Men Be
Sentenced Twenty Years for
Defendants Ask Court to Declare Hearing Mistral

Nashville, Tenn, March 2O.-After
filing bond totalling nearly $1.50O,OOO,
Colonel D. B. Cooper and Robin J.
Cooper, convicted of murder in the
second degree and sentenced to 20
years in the pententiary for the kill
ing of former United States Senator
f. w. Carmack, retired to the home
of Judge j. c. Bradford tonight.
Although Judge Hart fixed the bond
at $25,0O0 for each defendant, there
was a rush to sign it on the part Of.
the wealthy citizens of Nashville. In
vain the clerk protested that more
than enough sureties had signed, but
the invarable answer was, I'VE want
to put our names on that bond, too"
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.
The jury yesterday acquitted John
d. Sharpe, co-defendant. Imme
diately the defense moved to set aside
the verdict because of the verdict of
disagreement of yesterday, and asked
the court to declare it mistrial.
Judge Hart said he would listen to
arguments on this motion later. He
then fixed the defendants bonds at
$685. 900 each. which amount was ac-
ceptable to both sides. The verdict,
coming as it did upon the heels of
Foreman Burk's declaration yester-
day that 1--WE are hopelessly tied up
as to the Coopers,'' was a surprise.
The defendants took it cody almost
without emotion Mrs. Burch and
Mrs. Wilson, the young daughters of
Colonel Cooper. were brave, and aside
from fearful eyes, restrained their
emotion gamely. Mrs. Burch sat with
her arm around her brother Robins
shoulders, and Mrs. Wilson was at her
fathers right. The suspense for the
two young women had been heart
rending and any verdict, however un
favorable, was relief
Hurriedly Depart.
The jurors were tired looking and
disheveled, and when the court re-
marked, Il thank you, gentlemen, for
your patience and devotion to the
state and dismiss you to your homes
and personal avocations," the entire -
sprang from their seats as one man
and nurriedly left the room. The de-
PENDANTS and their counsel remained
to complete the bond preliminaries
and motions for a new trial.
Various and insistent rumors that
the jury had agreed were responsible
for a crowded court room this morn
nf of
both sides long before the usual hour
for convening. AS soon as Judge Hart
entered court, and even before he re-
moved his coat, he ordered the jury
and the defendants brought into
court.
It understand that they have
agreed" he remarked to the press
table, "and am sending to see."
In almost a moment-9:25 to be
exact-the 12 men entered the room
and took the same seats they have
occupied for nearly nine weeks.
"Have Agreed"
Have you agreed upon a verdict
gentlemen said Judge Hart.
1--WE have" replied Foreman E. NJ
Burke, hoarsely.
Advance, Mr.. Foreman, and read
the verdict"
1--WE, the jury, find the defendants,
Duncan B. Cooper and Robin j.
Cooper, guilty of murder in the second
degree, and assess their punishment
at confinement in the state peniten-
tiary for a period of 20 years.
$50 say you all, gentlemen"
$50 say we ALL" in chorus.
Then after the court had dismissed
the jury, Judge Anderson, of the de-
fense, was on his feet, exclaiming:
your honor, we move the case be
declared a mistrial because of the ver-
dict yesterday. We contend that yes
terday's verdict was the only one, and
that it acquitted John Sharp, and de-
clared a disagreement on the other
defendants. We also ask that the de-
PENDANTS be admitted to bond.'
BailabIe Case.
"The verdict of the jury is a bailable
case" was the courts reply. Hence
/ will fix the bond of each defendant
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