The Barre daily times. (Barre, Vt.) 1897-1959, 1911-02-24
John E. Cooper Convicted
To-day of Manslaughter
HE KILLED HIS RIVAL
Cooper Was Colored Soldier in Cavalry
at Fort Ethan Allen and His Vic
tim Was Colored Chef in
WinOoski Club.

Burlington, Feb. 24.-Jolln z. Cooper.
the eolored soldier of the 10th cavalry
at Fort Ethan Allen, who has been on
trial in Chittenden county court for nine
days on the charge Of numbering .Iamca
Williams, colored, chef at the IIia.
watha club in Winooski, was this morn
ing found guilty OF manslaughter. Tie
jury, which had been out since $50
last evening, brought in its verdict at
the opening Of the court.
The state then moved for immediate
sentence Of the convicted man. and judge
W. w. Miles gave him not less than
! thirteen nor more than fifteen years 1T
hard labor in the states prison at Wind.
sor. Cooper took the sentence calmlv
and seemed to be pleased with the out
come. Some exceptions were taken bv'
the defence during the trial. but the ease
Is not likely to 60 TO the supreme court.
The arguments in the case were com
pleted late yesterday, Attorney General
John G. Sargent assisting States At
toruey II. b. Shaw, while r.. E. Brown
and Y. A. Bullard appeared for the re-
spondent. In making his charge to the
jury Judge Miles defined murder in the
first and second degrees and manslaugh.
ter and then took up the questions to
be considered by the jury in reaching a
verdict
The first question for the jury to con-
slider was whether or not the respondent
did kill Williams. The state must estab-
lish this beyond reasonable doubt.
The state must also overcome the pre-
sumption of the respondents innocence.
In determining premeditated murder
the jury must take into consideration
the instrument used in committing the
crime and the motive that led up to it.
In this case the jury must find whether
or not the respondent intended to do
the act, if he did do it.
The character OF Williams must not
be taken into consideration except as
to the truth OF his dying declaration, for
the law protects the lives OF all, good
and bad. As for the character Of the
states witnesses the jury must take
them at their face value for the state
did not undertake TO guarantee its Wit
nesses.
The jury must not consider the conse.
queuces OF their finding in the case but
must find according to the evidence In
considering the weight of the respond
ent's testimony the jury must take into
his interest in the case. his
appearance on the witness stand and the
character Of his story.
If any of the evidence should prove
to be capable Of two constructions one
for and one against the respondent, the
jury must give him the benefit Of the
doubt. The reason for the respondents
taking with him the knife which he had
on the night IN question must be con-
sidered +. r. Strong was appointed
foreman,
The Tragedy.
The stabbing Of Williams took place
IN the house of Charles Poorboy Just
outside Wnooski village on the night
IF December 20 and is said to have been
,aused by jealousy over a pretty eolored
yirl Bertha Hill The Hill girl, in giving
ler testimony, said that she was en-
yaged to be married to Cooper and that
he marriage was to have taken place
asst January, being interrupted by the
iilling of Williams and the arrest Of
1ooper The stabbing followed a strug-
lie in room in the Poorboy house, and
he Hill girl was the only occupant Of
he room besides the fighters. She was
ut severely on the finger as she rushed
" the two men, Williams was stabbed
Il the back but did not die till several
avs later.