Evening journal., 1909-03-17
CARMACK CASE
NEAR THE END
Judge Hart Delivers a Long
Charge to the Jury at
Nashville
DISAGREEMENT Is
PREDICTED BY THE PUBLIC

BY United Press Leased Special Wire.
NASHVILLE, Tenn, March IL
Lacking but few days of having last
cd two months. and filled with excit-
ing incidents from beginning to end,
the famous case of Colonel Duncan b.
Cooper, his son, Robin, and Ex-Shern
John ID. Sharp, charged with The
murder Of former Senator Edward w.
Cor'mack. went to the jury this morn
ing with the delivering OF Judge Harris
long instructions.
The Instructions contained $4,000
words, and covered every point that
has been raised in the progress of the
trial. There were frequent disquisitions
on the applications OF the common law
TO the case. which to an inapt juror
would have been highly confusing.
BY the most partisan spectator, the
charge Of the court could not be con-
strucd as favoring either side. Every
advantage gained by state or defend.
ants i'm some particular instruction was
quickly counterbalanced by a point
favoring the other side. until at the
end neither side knew whether to con-
slider the charge favorable or unfavor-
able.
'eWhile the Indictment" said Judge
Hart, contains but one charge upon
its face, under the law it embraces four
felonies; murder in the first degree;
murder in the second degree; voluntary
and involuntary manslaughter" The
court instructed the jury minutely on
the various degrees of manslaughter.
The court then went into the various
theories as advanced by the state and
defendants and instructed the jury how
4 d H.
We're along the line Of any of the
theories advanced.
Defendants Expect Acquittal.
As the judge concluded with the
customary words: "True verdict render
according to the law and the evidence. -
a hush fell over the court room. Every
juror was leaning forward in his chair.
This tense moment was quickly follow
ed by coughing and the shufiling Of
feet, marking the end of the long sea
son of suspense. The prisoners en-
gagged in earnest conversation with
their counsel As the jury filed out,
Colonel Cooper the aged defendant,
smiled broadly. indicating that his law
yers had told him that there was moth
ing unfavorabie in the Instructions.
The general. opinion is that the jury
will disagree but the defendants are
confident of verdict of acauittal.
The trial Of the Coopers and Sharr
IN point of interest and bitterness
stands out prominent in the criminal
annals Of Tennessee both. on account
Of the prominence Of the principals in
the tragedy. which shocked the entire
nation. and because it marked the cli-
max of one of the hardest fought poll
tical campaigns that the South has
seen in years.
Carmaci was shot down on Seventh
street, on November ., as he was COINS
home He encountered Colonel Dun
can r. Cooper and Robin J. Cooper
and from this point the stories Of the
shooting differ widely. 1t was admitted
that Robin Cooper fired the fatal shots
but he contended that he shot only
after Carmack had fired at him.
Trial Largely Attended.
Robin, was shot in the shoulder and
a bullet passed through his coat sleeve
without injuring him. There were
two empty chambers found in Car
maclx's revolver. The State contendeC
that Colonel Cooper shot at CarmaclS
but that the bullets were detected by
a telegraph pole and struck his SOL
accounting for the wounds.
Sndrn. a lilenu OF tue OoOpeISs Wa
charged with being an accessory befor'
the fact Colonel Cooper and Car
mack had been the warmest friend.
but politics had engulfed them in al
enmity that had existed for sevcra
years. at the time of the killing.
IT proved next TO impossible to ex
clude politics from the trial. Boil
in the hearing Of evidence and in th'
arguments which followed, the attor
neys engaged in clashes which at times
threatened the most serious outcome
The star witness for the State wal
Governor NJ. r. Patterson. Three ar
rests for perjury marked the trial. u
securing the jury, S,O19 names wer
drawn from the jury box. six venire
were summoned, and "A panels exhaust
ed, while 400 tardy venirmen wer'
fined SIS each for disregarding tn
summons of the court.
The trial was. the most largely at
tended ever held in Nashville.