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Show FATHER AND SON ARE FOUND GUILTY OF MURDER IN SECOND DEGREE - Col. Duncan B. Cooper and Robin Cooper Are Sentenced to Twenty Years Imprisonment Defendants Take Verdict Coolly, and Young Daughters Are Brave Attorneys Move Case Be Declared Mistrial Mis-trial and Defendants Are Released on Bond of $25,000 Each Nashville, March 20. Guilty of murder mur-der in tho second degree, with twenty years' imprisonment as tho penalty, wa tho verdict of the Jury this morning morn-ing In the case against Col. Duncan. B. Cooper and his son, Robin Cooper, charged with tho murder of former United States Senator E. W. Carmack. The Jury yesterday acquitted John D. Sharpe, a co-defendant Immediately Immediate-ly the defense moved to set aside the verdict because of the verdict of disagreement dis-agreement of yestcrJay and asked the court to decla'ro it a mistrial. Judge Hart said he would listen to arguments argu-ments on this motion later. He then fixed the defendants' bonds at $25,000 each, which amount was acceptable to both sides. Tho Terdict, coming as It did upon the heels of Foreman Burke's declaration yesterday that "we are hopelessly tied up as to the Coopers." Coop-ers." was a decided surprise. Tbe defendants took It coolly almost al-most without emotion. Mrs. Burch and Mrs. Wilson, the young daughters of Col. Cooper, wero brave, and aside from tearful eyes, restrained their emotion gamely. Mrs Burch sat with her arm around her brother Robin's shoulder and Mrs. Wilson was at her father's right. The suspense for the two young women had been heart-rending, and any verdict, ver-dict, however unfavorable, wjs a relief. re-lief. The jurors were tired-looking and disheveled, and when the court remarked, re-marked, "I thank you, gentlemen, for I spiracy theory. On this same ballot, ve stood six for guilty of murder In I the first degree with mitigating cir-i cir-i Ciimstanccs, five for murder in tiie second degree with twenty years, the maximum penalty, and one for acquittal. acquit-tal. The ballots all day Wednesday and Thursday showed tho same result. Yesterday, tho man who voted for acquittal, ac-quittal, went over to murder in' the second degree but demanded that only ten years be assessed. The rest ot us did not deem ten years as anything any-thing like adequate, so we disagreed again. Of course, this all refers ;o Ihe Coopers, not to Sharpe, whom wo had acquitted. "Early this morning the man, who was holding out for ten years, agreed to twenty years, and the six, who I were voting for a first degree verdict, r agreed to this verdict." While tho jurors would not say who the man was who held out lor acquittal, acquit-tal, it is known from remarks overheard over-heard by the deputies that ho was S. I J. Hide. John Sharpe hurried to the court house when he heard of the verdict and was soon closeted with the defendants de-fendants and their counsel. Mrs. Sharpe was in court when the Jury reported re-ported and comforted the two daughters daugh-ters of Col. Cooper. Several other I girl friends were with them and ac- J eompanied them to the room of the defendants where they awaited the arrival ar-rival of bondsmen. Olir dUVUVe illlll UtSVUUOQ to uie state, and dismiss you to your homes and your personal avocations," the entire en-tire twelve sprang from their seats as one man and hurriedly left the courtroom. court-room. The defendants and their counsel remained to complete the bond preliminary and motions . for a new trial. Various and insistent rumors that the jury had agreed were responsible for a crowded courtroom this morning, mid for the presence of attorneys for both sides long before the usual hour for convening. As soon as Judge Hart entered court, aud even before he re- j moved his coat, he ordered the jury and the defendants brought Into court. "I understood they have agreed." ho remarked to tho press table, "and um sending to see." In almost a moment 9:25 to be exactthe ex-actthe twelve entered tho room aud took -the same seats they have occupied occu-pied for nearly nine weeks. "Have you agreed upon a verdict, gentlemen?" said Judge Hart. "We have," replied Foreman E. M. Burke, horscly. "Advance, Mr. Foreman, and read the verdict." "Wo, the jury, find the defendants, Duncan B. Cooper and Robin J. Cooncr. guilty of murder in the second degree, de-gree, and assess their punishment at confinement in the state penitentiary for a period of twenty years." "So say vou all, gentlemen?" '"So say we all," in chorus. Then after the court had dismissed 'he jury. Judge Anderson of the defense de-fense was on his feet exclaiming: "Your honor, we move the case be declared a mistrial because of tho verdict ver-dict of vesterday. Wc contend that yesterday's verdict was the only one and that It acquitted John Sharpe, but declared a disagreement on the other defendants. We also ask that the defendants de-fendants be admitted to bond." "The verdict of the jury makes It n bailable case," was the court's retort ' Hence, I will fix the bond of each defendant de-fendant at 525,000, unless there bo some objection. In that event, I will hear arguments." "It is satisfactory! to us." said Attorney At-torney General McCarn. "And to us," said General Anderson. Ander-son. "There seems nothing left out for SeHartt0 entDC?' added "I don'tlhlnk that neccssarv" said Jurlse Anderson. "Wc move that Midgment he suspendej aud that wc bo blven a new trial. We will be prepared prepar-ed to arguo the motion later prob-eoly prob-eoly next week." "All right, Judge," remarked the Jourt. "j know you will not delav unneces-wrilr unneces-wrilr and I will take It up at your iwn convenience." "Bring In the bond 'book," tald Judge Anderson. ..IL M,as.vd0De and the defendant igried the bond and returned with heir relatives and friends to the room iioy have occupied In tho Jail buildup build-up Mrs, Burch, who stood bravely id even smiled in the courtroom, col-PEed col-PEed as bho reached the narrow corridor cor-ridor leading to the jail and had to bo imported by her husband. Mrs. Wll-oa's Wll-oa's eyes were streaming: with tears. Poth young women have counted -oufidently on an acquittal, although t'-'en tbeir counsel advised against wilding too many hopes on the re-'iilt. re-'iilt. Tho jurors were not inclined o talk, but one of them said: ''On the first ballot we acquitted ohn Sbarpc and disregarded tho con-- con-- 1 |
