Historical Newspapers of South Carolina

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COOPER CASE GOES TO JURY. Delay Makes Defense Uneasy-Laugh ter and Singing in Jury Room are Heard. Nashville, Tenn., March 17.-With no indications that the twelve men are anywhere near an agreement, the op inion begins to prevail that a mistrial will be the termination of the famous case against Col. D. B. and Robin J. Cooper and John Sharp for the slay ing of former United States Senator E. W. Caimack. Judge Hart at 4 p. m. adjourned.court and started 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 in a verdict tonight. "They'd stay over and get the night's lodging and breakfast at the State's expense," he added. Judge Hart began his charge to the jury at 9.30 a. m. and finished at 11.15, at which time the twelve men retired to deliberate. The typewrit ten charge of 62 pages, about 400 words to the page, was handed to Ju ror S. J. Hyde, and according to the custom in this county this makes him the foreman. - Judge Hart has declared his inten tion of holding the jury together for a week or two if necessary, in order to get a verdict. Judge Anderson, of the defence, ex pected a verdict in thirty minutes or a mistrial. He would not discuss the delay tonight. The court's definition of an overt at was general in character, and he instructed the jurors that they must decide whether or ,not the Coopers co.imitted an overt act when they crossed the street to meet .Carmack. Cooper's Daughters Frowned. As the court declared that no epi thet, editorial or speech was sufficient to justify even an assault, Mrs. Burch and Mrs. Wilson, Col. Cooper's daugh ters, frowned and the -former's eyes filled with tears. The words 'death by hanging" made the young women winee. Mrs. Carmack, shrouded in black, was in court, her son on the arm of her chair. A half hundred wo men friends stood or sat behind her and adjoining counsel for the State Two private detectives stood near At torney General McCarn's chair and kept a watchful eye on the crowd, and a score of special deputies were dis tributed throughout the court room. When the jury retired two deputies were placed on guard at the jury room door and two more at the foot of the stairs leading to the. tihrd floor, up on which floor the room is located. No one Wus permitted even to loiter around the foot of those stairs. The jurors were given luncheon at 12.30 and supper at 6 p. in. . After supper the jurors returned, to their room and bursts of laughter and snatches of song indicated that the twielve men were not discussing defin nitions of murder or theories of self defenee. Just before 9 p. m. they summoned the deputies and announc ed that they would 'turn in'' for the night. Judge Hart's Charge. Judge Hart 's charge in part fol lows:. ''The purpose to kill is no less pre aneditated, in the legal sense of the term, if it was deliberately formed but a minu2te preceding the act by which death is produced than if it had been formed an hour or other period of: time- before. The question of vitai importanee is, was the mind of the as eailant 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 object sought to be accomplished --the end detrmined on? 'Maliec necessary to constitute murdele in the second degree is not confined to an intention to take the life of the person actually killed (as in the case of murder in the first de gree)~ but includes an intention to do any unlaiwful act which may probab ly result in depriving a person of life." Judge Hart defined heat of passion as excitement of such a nature as would obscure the reason of any ordi nary man and ren;der him liable to do an aet which might cause death. ''revious threats by the deceased against the defendant, or acts of hos Itility toward him, or previous abuse of him, how violent so ever it may be, is not such provocation as the law rec ognizes as sufficient to reduce an un lawful killing to manslaughter, if the killing was done at such time after these things had been done as a rea sonable person would have regained Of reasonable doubt Judge Hart said: ''Absolute certainty is not demand ed by the law to convict of any crimi nal charge, but moral certainty is re quired." ''The law of self-defence is thus defined by our supreme court. To excnse a homicide. the danger of death- or great bodily in5ary must either be real or honestly believed to be so, at the time and upon sufficient --rmuds Tt must ba apparent and imminent. Previous threats and even nt ol hostilitv. how violent soever they may be, will not of themselves excuse the slaying. "To constitute this defence, the be lief or apprehension of danger must be founded on sufficient circumstances to authorize the opinion that the deadly purpose then existed, and the fear that it will at that time be ex cused. The animosity of the deceased against the defendants as indicated by -words or actions then and before is a proper matter for the consideration of the jury on the question of reason able apprehension, but if the killing is not done under the fear it is calculat ed to inspire or the fear is feigned and pretended. the defence will not be available.* * * "It is hardly necessary to say that the real or apparent necessity brought about by the design, fault or contri vance of the defendants is no excuse, but if the fear of a less injury than death or great bodily harm be indicat ed by the proof, then the grade of the offenee would be lessened, though it would be ineffectual as self-defence. Judge Hart said that ordinarily a witness who testifies to an affirmative is to be preferred to one who testifies to a negative. Definition of Conspiracy. Defining conspiracy the court said: "It is not necessary, in order that they become co-conspirators, that they should talk the matter over and agree as to what portion each one shouid perform. It is sufficient if there is a tacit understanding between th-em. - "The State insists that John D. Sharp was nearby, if necessary, to participate in any way that might be necessary in the killing. or was there for the purpose of making himself a witness. If you believe this to 'be true, it would be your duty to convict all of the defendants of murder in the first degree. "Or, if you believe that D. B. Coop er had threatened the life of Carmack, that he said he was going to kill him, or one or the other o-f them must die, or that the town would not be big enough to hold them both, and that he had written a note for the purpose of sending te Senator Carmack stating in subst-nce what had already been Sent in a message by Mr. Craig to the deceased, and that.he did not send the note at the solicitation of the friends, but on. seeing Senator Carmiack his intention to take. himself, Carmac-k's life was revived, if he ever had it, and that h"' formed at that time a fixed pm-pose to carry that intent into ex eution, and crossed the street for that purpose, either to open a fight direct ly on their getting together or havingI a conversation -with him intending thereby to bring on a fight, and if getting together or havinug a conversa tion with him intended thereby to bring on a fight, and if the sa.id E. W. Carmack resisted, to take his life, and that Robin Cooper was present intend ing to assist .his -father in any and all extremes and under any and all cir eumtances, it would be for you to de termine whether or not the approach ing of Col. Cooper and the langu-age used by him as he approached, if any was used, was suech a-n overt act as would reasonably cause the deceased to believe that he, the defendant, D. B. Cooper, was about to earry his al leged threat into execution and that he was approaehed by both of them in this manner and form and had rea son to 'believe that his life was about to be taken or done some great bodily harm; in that even he would have the right to defend himself from the itiratened attack;;1and if the defen dants, D. B. Cooper and Robin Coop er, thus approached him and he fired the first shot or shots under these conditions and circumstances and they returned fire, in that event, gentle men, the defendants could not avail themselves of the r-igh.t of self-defence unless there was something to show the deceased, either by words or ac tions, that they had abandoned their urpose, if they ever had any, and did not mean to carry the alleged threats into execution; buit whether there was or. was there not an overt act on the art of the defendants, D. B. Cooper and Robin Cooper, is a matter for you to determine in the light of all proof, which the court ha.s permitted the witnesses to state in your hearing for your consideration. Was Their Intent Peaceful. '"In other worrds if you believe from te facts that D. B. Cooper and Rob in Cooper approached Senator Car mack on a mission of p)eace, if they were attacked by 'the dec-eased, they would have a right to use such means as wvere in their power for their own self-defence. But if they intended to take the life of the deceased if he made any resistance-in that even the lea of self-defence would not bec available and you would be warrant ed in finding them guilty of murder in the first degree. ''As to the defendant Sharp, the State does not insist that the proof is sufficient to warrant a -conviction of him under the second count in the in ditment, that is. an accessory before the fact. "The court further charges you that you may, as the proof may war rant under the rules as heretof(p're laid down for guidance, find either one or more of the defendants guilty. either one or more of them not guilty, find some of them guilty of one grade of offence, and others guilty of another grade of offence or you may acquit all of the defendants. "'The court fu.rther charges you that it is insisted on by counsel that extra. judicial conversations are the weakest of all contradictory process es, that is, conversations had out of court by witnesses with persons not under oath and spoken in a general way; but you will take these, if any appear in the proof and consider them along with the othle-r evidence and give them such weight as you may think they deserve. The punishment for first degree murder is death. A recommendation to merey accompanying such a verdict would give the court t:he option of re ducing the sentenee to life imprison ment. For second degree, murder, ten to twenty years; voluntary man slaughter, two to ten years; involun tary manslaughter 1 to 5 years. CAPERS NO LONGER REFEREE. President's Course in 'Durant Ap pointment Foreshadows the End of Referee System-Capers Says He Always Opposed Crm and Recom mended, as , .. Latter's Successor, Capt. J. 0. Ladd, of Rummerville. Washington, March 16.-When President Taft today sent the name of E. W. Durant. Jr., to the senate for confirmation, as collector of the port of Charleston, he set in motion the new plan for patronage dispensa tion in the South that he has long had in mind. Mr. Durant's name was second on the list of more than a hundred oth ers. It is plain from this that the president wanted not only to make him .collector in Crum's place, but to do so at once, in order that it might become known what policy is to be followed in such matters in the future. There is no use in longer concealing the fact that the political days of Commissioner John G. Caper, of the internal revenue bureau, who for some years has dictated the filling of gov ernment officers in South Carolina, are at an end, and, while it may not be tr.ue that any one else has been named yet to succeed him as referee, the truth may as well be known, andV that is, that when the president de sired to ma,ke Mr. Durant 's appoint ment he did not consult Mr. Capers, but sent for Postmaster General Hitcek, who, with Postmaster Har ris, of Charleston, recommended Mr. Durant 's appointment. Mr. Capers was not taken into consideration in any way, so far as can be learned. It is safe, therefore, to figure on the president 's future policy so far as making these appointments is con erned, and that policy will be to get the best white men from the Repub lican party, if they are to be had; failing in this, then turn to others. But he does not propose to follow blindly the old ruts, depending upon the ancient and obnoxious referee sys tem. This means that not only Mr. Capers, but others who formerly die tated patroniage distribution, will have no status with the administration as such hereafter. The naming of Mr. Durant is an im portant step for more reasons than one and augurs well for both Presi dent Taft and his friends in the South, who are backing him up by bringing forward their best men in filling vacancies under the adminis tration. Mr. Durant will probably be con firmed some time this week. Capers Issues Statement. When Mr. Capers was seen tonight and asked for a statement about this matter he said: "I have never recom mended Crum for appointment, and when asked sabout the qualifications of Mr. Durant, I recommended him unqualiliedly. Mr. Durant married' the widow of my class-mate, and I have always .enteretained the warmest feelings for him. When I lived in Charleston, he lived just across the street from where I did, and I know him to be a man of the highest charac ter and a man of splendid ability. I did not recommend him when I was first asked about the appointment, but recommended the appointment of Capt. J. 0. Ladd. postmaster a.t Sum merville, an old Union soldier. Post master Harris asked me about Mr. Durant and I spoke in the highest terms of him, but said I had never thought of him in that conneetion. I did not continue to press Capt. Ladd 's appointment because he had a good position in the postmastership, and Mr. Durant was wholly accepta 'ble to me. I was also asked whom I would favor if a Democrat was to be named and I replied "Billy Storei." Opposed Crum's Appointment. As for Crum's original appoint ment, when the appoIntment was un der .consideration I came to Washing. ton in company w'ith T. L. G-rant, and m-ged the appointment of R. R. Toi bert. for .the office. I stated to Presi dent Roosevelt that I was op)osed to 0r1-n's appolitimlnlt. if for no other reason, especially because a 'sub-com mittee of the State committee, upon which -there were two white men -and five negroes, had -expressed itself as opposed to Crmn's. appointment and in favor of Tolbert's. At no time have I recommended Crum's appoint ment.'' Capt. Capers was asked also as to his remaining in his present offie of internal revenue under the new ad ministration. "I know nothing about that," he replied, "That is, so far as Mr. Taft's wishes in the matter. I have not seen him, nor tried to see him on the subject, but have tried to maintain a. dignified bearing in the matter. If it is the president's wish that I remain as commissioner for a reasonable length of time, I shall be glad to remain. If, on the other hand, he desires to appoint some one else that will be satisfactory to me. I have not made any effort whatever to in fluence him and I shall not either di rectly or indirectly. THE NEWS OF POMARIA. Bad Roa&-New Phone Line With Night Central-School Closes. Pomaria, March 15.-The roads in this section are almost impassable in some places but there was a good siz ed congregation out at Bethlehem last Sunday and Rev. Long preached an excellent sermon as usual. The Zion school near hear which has been successfully taught by Miss Mamie Alexander will next Fri day, the 19th. We regret very much to see her leave as she has made many friends during her. stay here. There is another new phone line be ing added to the list which connects Messrs. M. H. and J. E. Kinard and B. B. Richardson. There is some talk of a new line in the Bundrick community. Mr. Jacob Koon has kindly consented to be night central and allow some talk at night. Our friend "Busch", the St. ?aul scribe came out last week and called our attention to a night central which seemed to have its effect. Seems as he did not appreciate us in our favors when we let -him do all the talking to the lady friends. What's the- matter friend, come or.t and let us hear from you again. Mr. -and Mrsj W. P. Jones ,opf this place, were called to their hoine Fri day on account of the illness of their father at Simpsonville. .Mr. E. M. Sheeley has charge of the Oil Mill during Mr. Jones absence. Mesdames Jas. P. Setzler, Z. T. Pin ner, J. J. Hentz, J. A. Setzler, J. C. Aull, and -R. H. Hipp went. to Pros perity Thursday to do some spring shopping. Prof. E. Q. Ssetazler, of Newberry college, came down for a short while last week on business. Mr. Willie Hatton, student at New berry college, came .down and spent Saturday and Sunday at- home re turing Monday. Miss Ida Mae Sheeley went to' Co lumbia on Friday, where she will spend some time. Mr. and Mrs. George W. Setze-r spent Saturday night and Sunday in the parental home in the Half acre community. Mr. Thomas S. Blair, of Silver Street, spent the week with Rev. Jno. P. Long' s family returning' home Monday. There is a lot of fertilizer being hauled away from here; seems as if there will be more used this year than there was last year. Pomaria will have a base ball team this year again, they are about ready to organize and begin practicing. There is some talk of a tennis ball team being organized here among the young men. Rev. Jno. J. Long will preach at the Bethel school house next Sunday at. tihree o'clock-p. mn., and there will be Sunday school immediately after. Let everybody come out that can. A. FRFE TRIP to tAe P'ACIFIC COAST A1u YOU ONE enads who want to SORE00M explore this WJon dlerlanJ ? ? ? ? SUNSET MAGAZINE has instituted anew I department, whose special work it is to put within the reach of every one an opportunity to see the FAR WEST. Write for Sample Copy.... ..... For full particulars address Sunset Travel Club 16 Flood Build,n., Sa. Francisco. 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Educational clubs y many will subscribe In order to 'These articles and other special and anyone may be proul to have r library., on lists at once, and state what book r own name may be included In any count the same as a new one. Any ais offer. Make remittance by .post STH E COMMONER, Lincoln, .Neb. must cut out this ad., including name your order. JEWS, Newberry, S. C. o 'clock in the forenoon, and imumed iaitely thereafter apply for letters dismisory as admiinistraator of said estate. AJl persons lhaving claims against said estate ~will present t1he same on or before said date.' John C. Goggans, C. C., Administrator Sumter Jones~, deceas ed. e3-12-09-tw-4t. ELECTION ON THE ISSUE OF SCHOOL BONDS. In accordance with an act of the legislature approved February 27, 1909, notice is hereby given that a.n eletion will be held in the old court house in the towi of Newberry, S. C., from 8 a. m. to 4 p. m. March 24th, 1909, on the question of issuing bonds for the purpose of erecting additonal school building or buildings in the town of Newberry, S. C., to the amount of not exceeding forty thous and dollars at irnteres.t not to exceed 5 per cent per annum, the bonds to run forty years. A levy of one mill has been provid Ied by the legislature - ''h which to .pa interest on said L.. and to pro vide a sinking fund for same. S. S. Cunningham, J. M. ,Bowers, Alex. Singleton are hereby appointed managers for said election. By order of the board of trustees, Thursday March 4, 1.909. F. N. Martin, J. M. Davis, Chama. Seeretary.