The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-03-07
HUNG JURY THEORY
ACCEPTED BY MANY
Arguments Begin Tomorrow
in Cooper Trial-Specu-
lation Over Verdict.

NASHVILLE, Tenn, March 7.-TonoT-
row morning. shortly after O'Clock
Capt. G. T. Fitzhugh. of counsel for
the state. viii begin the argument TO
the Jury I'm the Cooper-Sharp murder
trial and will endeavor to show why
verdict of murder and accessory befo, q
the fact would be justifiahle verdict
against d. B. Cooper, Robin J. Cooper
and John u. Sharp on trial for the
murder OF ex-senator e w Carmack-
lie will be followed by Gen. NJ. H
Meeks. of cour sci for the defense who
will make the opening argument for the
defendants. Gen. job Garner, for the
State will follow Mr.. Meeks and then
Gen. w u. Washington for the de-
tense and Judge ]. Mack Anderson will
conclude the defense's argument. Gen.
JEFF McCarn will close the States
case
The time limit for these arguments has
been removed and the time to be con-
sumed by the attorneys is estimated at
from two days 10 three and one half
DAYS. the courts instructions being
merely to limit themselves as much as
possible in the arguments. The court
has indicated that he will take a day
off himself following the closing of the
arguments To finish his charge TO the
jury and this. sSill put the case 10 the
jury by Thursday or Friday, few
days after four months from the time
the deed was committed.
The case all told has consumed more
than seven weeks. and while much of
The States evidence was addUced at the
preliminary hearing for bail. the con-
1entions and testimony of the defnse
we're not brought out until the evil
dence Of the three defendants had been
heard.
Hung Jury Expected
On rehUrtal the State strengthened its
contentious somewhat, but the general
impression is that nothing worse than
a hung jerry viii result. and few would
he surprised at an acquittal, although
there are those who are holding out for
a verdict on guilty IS charged Those
who have heard the testimony. however
are of the opinion that hung jury
viii result.
This means that the case will in ali
probability not come up again as ii is
hardly probable that another jury car
he secured in Davidson county, and il is
not within the province Of the State
to move for a change of venue.
No case within the criminal annals
OF Tennessee has been so bitterly con
AFNLtQ 0ilu TIC ldSll0Aldl liIGS nave BSGI
strongly drawn, so tightly that it has
been almost impossible TO keep politics
out of the trial In one or two I'm
stances counsel have asked that certain
statements regarding the political affili
ations of witnesses be eXpunged from
the record.
Defense'S Claim.
The defense contentious has been al
along that Robin Cooper fired in self
defense and in defense of his father
and that Colonel Cooper in going acros
the street to meet Carmack had Onl.
peace in his heart.
The States contention is that Senate
Carmack did not fire drst, or, If he did
was justifa BILE IN that he had receive
the threat of Colonel Cooper that II hi
CCooper's) name appeared again in tn
paper, one of them must go; that n
was advised of the fact that Colone
Cooper was armed and looking for hir
On the day Of the killing, and that
meeting meant a personal encounter
that he was shot first in the back OF tn
neck by Robin Cooper, and that III
other two shots which penetrated hi
heart were fired as he was sinking {
the street after his spinal cord had bee
severed.
All these matters have been gone int
during the long. tedious sessions Of III
court, and now the case will shortly 8
10 the iury. TO the twelve who hav
sworn on their oath t. true verde
render according to the law and the ev
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