The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1909-03-24
MURDER IN THE SECOND DEGREE THE
VERDICT, WITH A PENALTY OF
TWENTY YEARS.
Motion Filed for New Trial and Father
and Son Released on Bonds Of
$25,OOO Each.
One Of the Jurors Tells How the Jury
Got Tied Up.

After f1llng a bond totallng nearly
a million and half dollars, Col.
d. B. Cooper and Robin j. Cooper,
convicted of murder IN the second
degree, and sentenced to twenty
years in the penitentiary for the
killing of former United States
Senator E. W. Carmack, retired to
the home of Judge j. C. Bradford
tonight and discussed the next move
in the case.
Although Judge Hart fixed the
bond at $25, 900 for each defendant
there was a rush to sign it on the
part of wealthy citizens of Nash
vile, which fairly swamped the
clerk of the criminal court. In
vain he protested over and over
again that more than enough Sc
curities had been signed, but the
invariable answer was: 1--WE want
to put our name on that bond,
too.' It seemed as though every
friend of the Coopers considered it
incumbent upon him to sign the
bond. When there was no more
room for names at the foot of the
document, the new bondsmen en-
dorsed it across the face until it
was difficult to decipher the sigma
lures.
The Coopers returned to the Jail
this afternoon late and removed
their personal effects. For the
present Col. Cooper will make his
home with Mrs. Burch, and Robin
will return to his old quarters with
his uncle, J. C. Bradford.
Various and insistent rumors
that the jury had agreed were re-
sponsible for crowded courtroom
this morning, and for the presence
Of attorneys on both sides long be-
fore the usual hour for converting.
AS soon as Judge Hart entered
court and even before he removed
his coat, he ordered the jury and
the defendants brought into court.
II understand that they have
agreed" he remarked to the press
table, "and am sending to see."
In almost moment, at 9:25, to
be exact, the twelve men entered
the room and took the same seats
they have occupied for nearly nine
weeks.
Have you agreed upon ver-
diet, gentlemen?'' said Judge
Hart.
"We have,'' replied Foreman E.
M. Burke, hoarsely.
Advance, Mr.. Foreman, and
read the verdict"
"We, the jury, find the defend
ants, Duncan B. Cooper and Robin
J. Cooper, guilty of murder in the
second degree, and assess their pun
ishment at confinement in the State
penitentiary for period of twenty
years."
$50 say you all, gentlemen?'
$50 say we all, I" in chorus.
Il thank you, gentlemen" said
the court, "for your patience and
devotion to the State, and dismiss
you to your homes and to your per-
sonal avocations.
In second Judge Anderson, of
the defense, was on his feet, ex-
claiming: Your honor, we move
that the case be declared mistrial
because of the verdict yesterday.
We contend that yesterdays verdict
was the only one, and that it ac-
quilted John Sharp, but declared
disagreement on the other defend
ants. We also ask that the defend
ants be admitted to bond at once. y
''The verdict Of the jury makes
it bailable case, - was the courts
retort, thence | will fix the bond
of each defendant at $25, 1000 unless
there be some objection In that
event | will hear arguments. =
1T is satisfactory to us, said
Attorney General McCarn.
'And to u.s. retorted Judge
Anderson.
."There seems to be nothing left
but for the court to pass sentence, "
added Judge Hart.
Il don't think that necessary, !"
said Judge Anderson. I'VE move
that judgment be suspended and
that we be given a new trial.
We will be prepared to argue mo-
tion later probably next week. =
"AlI right, judge" /" remarked
the court. Il know you will not
delay unnecessarily, and will take
it up at your own convenience.
Bring in the bond book said
Judge Anderson. It was done, and
the defendants signed the bond and
returned with their relatives and
friends to the room they have occu-
pied in the Jail building. Mrs.
Burch, who stood bravely and even
smiled in the courtroom, collapsed
as she reached the narrow corridor
leading to the Jail, and had to be
helped by her husband. Mrs. Viii
sons eyes were streaming with
tears. Both young women have
counted confidently or an acquittal,
although even their cDunsel advised
against it.
After being discharged one Of the
jurors made the following state
ment Of what occurred while the
jury was out:
"On the first ballot we acquitted
Tnhn Chary ond d;r~or,o,.cod %hn