The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-03-20
The COOPER, TRIAL.
JURY OUT ALL DAY WITHOUT
AGREEING.
Judge Hart Delivered His Charge Yes
terday MOrning-A Lengthy Docu.
ment, Covering All Points of Law
Raised During Trial-Disagreemen
Not Unexpected.

no indications that the IL men are
anywhere near an agreement, the
opinion begins to prevail that mis-
trial will be the termination of the
famous case against Col. d. B. Coop
er, Robin j. Cooper and John Sharp
for the Staying of former United
States Senator Carmack. Judge Hart
at p. m. adjourned court and start
ed for his country home. He said
he did not think a country jury with
no way to get home at night would
be foolish enough to bring a verdict
tonight. They'd stay over and get
the nights lodging and breakfast ut
the States expense" he added.
Judge Hart began his charge to the
jury at $50 a. M, and finished at H.
Is, at which time the 12 men retired
to deliberate. The typewriter charge
of 62 pages, about 400 words to the
page, was handed to Juror S. J. Hyde
and according to custom in this coun-
ty, this makes him the foreman.
Judge Hart had declared his inten-
ton of holding the jury together for
week or two If necessary in order to
get verdict.
Judge Anderson Of the defense ex-
pected verdict in 80 minutes or a
mistrial. He would not discuss the
delay tonight.
The courts definition of an overt
act was general in character and he
instructed the jurors that they must
decide whether or not the Coopers
committed an overt act when they
crossed the street to meet Carmack.
AS the court declared that no epi-
tibet. editorial or speech was sufficient
to justify even an assault, Mrs. Burch
and Mrs. Wilson, Col Cooper's daugh-
ters, frowned and the formers eyes
filled with tears. The word death
by hanging" made the young women
vince. Mrs. Carmack, shrouded in
black, was in court. her son on the
arm OF her chair. A half hundred
women friends stood or sat behind
her and adjoining counsel for the
State. Two private detectives stood
near Attorney General McCarn's chair
and kept watchful eye on the crowd
and score of special deputies were
distributed throughout the court
room.
When the jury retired two depu-
ties were placed on guard at the jury
room door and two more at the foot
of the stairs leading to the third floor.
No one was permitted even to loiter
around the foot of those stairs.
The jurors were given luncheon at
1880 and supper at 6 p. m.
After supper the jurors returned to
their room and bursts of laughter and
snatches of song indicated that the ~
men were not discussing definitions Of
murder or theories OF self-defense
Just before 8 p. m. they summoned
the deputies and announced that they
would turn in" for the night.l
Judge Hart's charge in part fol-
lows:
"The purpose to kill is no less pre-
meditated, in the legal sense of the
term, If it was deliberately formed
Sut minute preceding the act by
which death is produced than if it
had been formed an hour Or other
period Of time before.
1.-The question of vital import is:
Was the mind Of the assailant at the
moment of the killing SO far free
from excitement or passion as to be
capable Of premeditation, and was
the death of the party slain the OBJ
ject sought to be accomplished-the
end determined on?. Malice nee
essary to constitute murder in the
second degree Is not confined to an
intention to take the life of a person
actually killed Gas in the case of MUIR
der in the first degree), but includes
an intention to do any unlawful act
which may probably result in depriv-
ing G. person of life."
Judge Hart defined heat Of passion
as excitement of such a nature as
would obscure the reason Of any ordi-
rary man and render him liable to do
an act which might cause death.
Previous threats by the deceased
against the defendant, or acts of hos
tility towards him. or previous abuse
Of him, how violent sover it may be,
is not such provocation as the law
recognizes as sufficient to reduce an
unlawful killing to manslaughter If
the killing was done at such time af-