The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1909-03-18

Mixed on Case.
Nashville, Tenn, March H. 49, The
fate of Duncan Cooper, Robin Cooper
and j. D. Sharpe, charged with the
murder OF former United States Sen
ator Carmaek, is now in the hands
OF the twelve men who have been set
ting on the case for weeks.
The jury retired with the case
shortly after IL o'clock this morning
and large crowd waited around the
court house to be present should a
verdict be reached When the jury
failed to return verdict at 4 o'clock
this afternoon Judge Hart adjourned
court, saying that he would go to his
country home and would not return
until tomorrow, unless the jury reach
ed a verdict.
The jury has been wrangling since
l1.30 this morning. Scattering words
have been heard from the room where
they are discussing the case, indicat-
ing their diversity of sentiment and
it is now generally believed and pre-
dicted that mistrial will be the final
result.
1t was stated that Judge Hart would
probably hold the jury for week
if they did not reach a verdict.
Attorney General McCarn said to-
night that as the jury was composed
of farmers they probably wanted to
read over the points in Judge Hart's
charge several times before reporting
verdict. Judge Anderson for the
defense. objected and would not con-
sent.
Tonight it was rumored that the
Jury was badly divided on the case
aad nothing like a verdict was in
view.
Judge Hart's Charge to Jury.
Judge Hart began his charge to the
jury this morning in the Cooper trial.
1t numbers sixty-two typewriter
pages of about four hundred words
each. Lawyers state that it is the
most comprehensive and clear charge
ever delivered in Tennessee court.
and includes, in the theories OF the
state and the defense. a digest OF the
testimony of every witness who tes-
tilied on either side The courtroom
was packed The law makes the
Judge a witness of the law remarked
Judge Hart. so | will now take the
witness stand and give my testimony.
He thereupon left the bench, walked
around chair which had been the
center OF attraction for two months,
and began to read.
Judge Hart began his charge by
saying:
While this indictment contains but
one charge upon it's face, it embraces
four distinct felonies-murder in the
first degree murder in the second
degree. voluntary manslaughter ana
involuntary manslaughter'
After defining murder in the first
degree, he said: "The distinctive fea-
ture of murder in the first degree Is
premeditation and this element in
wolves a previously design to XIII.
Mind of the Slayer.
He added: THE question to be de-
termined is: Was the mind OF the
SLAYER at the time of the killing SO
far free from excitement as to per-
NIT reconciliation Judge Hart de-
clared malice to be the CHIEF tning
IN he taken into consideration in de-
fermining a second degree murder
He continued: "The legal meaning OF
malice in cases of murder in the sec
ond degree. is that it is not conflneo
10 homicide committed in cold blood,
but extends to all cases, however SUD
den the occasion, in which the act Is
done under such cruel circumstances
ss are indicative of wicked, de-
prayed and malignant spirit as Wnen
punishment is inflicted, even upon
nrovocation, is outrageous in nature
and beyond all proportion to the OF
fense.
Presumption of Law.
Where the use of the deadly wea-
non by one who does the killing is
shown. and death is clearly proven
ia have resulted from the use OF the
weauon by him, it is presumption
of law that the killing was done ma
liciouslv. and that it is with such NAL
ice as is required to support mhrcef
in the second egree.
Judge Hart defined manslanshter as
the unlawful Killing Of another WIN
out malice
Previous threats BY the deceased
against the-defendants, on acts OF nos