The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-27
TYLER COOPER TO BE TRIED.
JUDGE HENRY REFUSES TO NOLLE
PROS THE CASE.

1he Refusal n Surprise to the Law
yers in the Cause.-The Trial Set For
To-day-The Judge says II Guilty
of EmbezzIemenS Cooper should BE
Punished and IL Innocent should
BE Given the Benefit of AcqUittaI
by a Jury.
Atlanta, Ga. Jan. 26.-Judge Henry Of
she Rome circuit. presiding in Fulton
county superior court, to-day refused 20
grant motion to nolle pros. the case for
embezzlement against John Tyler Cooper,
ex-clerk of the board of county commits
sioners.
The refusal came in the nature of
sensational surprise to the lawyers ana
others interested in the case, as elabor-
ate arrangements had been made to show
TO the court that there was no necessity
to prosecute the ex-clerk.
After declining to allow him 10 go free,
Judge Henry set the trial of Mr. Cooper
for tomorrow. and he will be arragned
10 face a jury on the question of his en-
bezzlement of county funds.
John Tyler Cooper was mayor of At
lanta several years ago, and a power in
local politics. While mayor he was also
clerk to the board of county commission
ers at a salary of 1000 a year. He mad
held this position for twelve years at
the time of his defeat for reelection, las,
year. When he was defeated it was dis
covered that he was short in his accounts
something ike 5000. The books of the
office were kept in such a shape that il
was impossible to tell the exact amount
OF the shortage.
Mr.. Cooper had gone to Costa Rica, but
when the shortage was announced to the
public, and he was apprised of it. he
came back to Atlanta to face It. He ad-
mitted that he was behind about 5000
and after months of parleying the county
commissioners accepted the sum of $3.50
iR full settlement Of the claim, though the
receipts given by the county attorney set
forth the fact that the claim of the coun-
iy was for q larger amount.
The county also withdrew the civil suit
that had been commenced against Coop
er's bondsmen and it was understood that
the commissioner would have criminal
prosecution stopped also. The grand jury
had~found an indictment for embezzle-
snent. The trial was repeatedly put off I'M
til in the absence Of Judge Gambler this
morning 1t was brought Up and the mo-
lion to nolle pross entered by Coopers at
iorneys.
Solicitor General Hill stated to the court
that he believed the bill would not have
been found by the grand jury if it had
been in possession of all the facts and re-
commended that the case be nolle pressed
as asked. He SAID he had known Tyler
Cooper for years and considered him one
of the finest characters he had ever met
with.
City Attorney Anderson, who was
in court, also arose and said
that he would add his encom-
iums on the character of Cooper to those
OF Solicitor Hill County Attorney Ros-
ser, representing the board of county COM
missioners. made a statement of the facts
IN the case and said that the board would
be satisfied If the case was nolle pressed,
and further that the people did not believe
that Mr.. Cooper was guilty of anything
criminal. and there would be no harm in
allowing him to go free without trial
since he had paid up more than he admit
ted he was short.
Judge Henry, however. took the position
that if Mr., Cooper was guilty he should
be punished and If innocent he should be
INDICATED by jury. and ordered the trial
TO proceed.
The announcement took the attorneys off
their feet. They had confidently expected
that the court would strike the case from
the docket in the face of the showing
made.