Evening capital. (Annapolis, Md.) 1884-1910, 1905-01-18
JULIUS COOPER MUST HANG.
THE GOVERNOR REFUSE S
TO INTERFERE.
Says The Case Is One In Which
Executive Clemency Should
Not Be Received.
JUDGE MAGRUDER MAKES A
STRONG PLEA.

After hearing arguments, reading evi-
dence and studying over the pleas
offered in behalf of Julius. alias
Tots, Cooper, Governor Wariield
refused TO interfere in the case and
would not commute his sentence 10
Imprisonment for life.
He stated that he did not see anv
grounds on which any change could be
made in the decision of the Court
which could be used to the benefit of
the murderer He said that there
was not the slightest mitigating cir
cumstance, that the evidence showed
ccnclusively tnat the murder was de-
liberate and premeditated
The Governor said that this was not
case wherein executive clemency
should be exercised. as the facts were
so plain and so well put as To leave no
doubt in his mind as to the guilt, not
OF second degree murder, but deliber-
ate and premeditated killing of fel-
low man.
In arriving at this conclusion in
the matter Governor Warheld made
use of the lucid, unbiased and un.
prejudiced editorial of the Evening
Capital of January 12, which set
forth many of the reasons why Cooper.
or any one else convicted of a similar
crime, should not be given his life.
This disposes of any chance which
Cooper may have had of regaining
that life which he has sacrificed in
taking that of another human being.
The Governor, in disposing of the
matter, was deliberate and painstak.
ing and permitted of no stray bit of
evidence calculated to work to the in
terest of the condemned man being
missed.
When Judge Magruder appeared be.
fore the Governor he carried with him
a number of letters written by per
sons interested in the case and n peti-
tion which he had been circulating,
| urging the Governor to commute the
sentence. But two of the members of
the jury which had convicted Cooper
had signed the petition id the names
Of but two of the members of the
county commissioners appeared upon il
In contradiction of the statement
| that many members of Cooper's own
race were not in favor of commuta-
tion of the sentence of death, the
Judge presented a petition signed by
well known and prominent members
of the colored race.
Governor Warfield adjured the
Judge to be as brief as possible as
| much other important matters was
awaiting his attention. Judge Ma
gruder then proceeded to state at great
length that he bad been called into
the defense of Cooper but few days
before the date of trial When the
case was called. he said, by reason
of the conduct of Judge Revell in has
tening the trial, il was not properly
| prepared, presented or tried When
he attempted to speak, continued
Judge Magruder. Judge Revell cut
him short, stating that it was the de-
sire of the Court to finish the trial
that day, that too much time had
been wasted already in the hearing.
He said that none of the ATTORNEYS in
the case were given proper length
of time in which TO conclude their re.
marks and that Cooper was not, there
fore, given the fair trial which the
records of the Court said had been
| given him.
Judge Marguder then proceeded to
/ present to the Governor the petitions
| in behalf of Cooper and explained the
various reasons which had made it inn
| possible for him to secure the sigma
| lures of other members of the convict
| ing jury. He admitted that most of
| them we're against the Communication
of the sentence and that they thought
| the man deserved the fate which
awaited Thin. Then he proceeded
/ with long argument in which he
stated that the evidence did not show
that there had been any premedita-
| tion. He did not think that premedi
tation was shown when Cooper had
left the saloon and Harris behind
him, walked to a nearby pawnshop
and took out of pawn q revolver be-
longing to a friend.
Saturated as the system Cf Cooper
was with drink of a vile nature. his
senses destroyed and his reasoning
faculeties dulled, he could not, accord
ing to the Judge, have been actuated
by a spirit of murder. He maintained
that he had not the power, such was
his condition, TO premedltate the
crime, but shot on the spur of the
moment, as the liquor he had imbibed
prompted.
Furthermore he argued that no man
with murder in his heart. that is pre-
meditated murder, in which he had
weighed well the effect of his crime
on the family of his victim and the
death that would surely be his would
have fired but one shot and then stop
ped. Cooper had five shots in his re-
volver and the very fact that he used
but one of them, argued the Judge,
eliminates the idea of premeditated
murder.
Judge Magruder stated that States
Attorney CAN'T, had he lived, would
have appeared in behalf of the con-
demned man or at least sanctioned
the communication of his sentence. He
also added that Mr.. Daniel r. Ran
dali, who has assisted in the trial OF
Cooper, was in favor of his sentence
being commuted to life imprisonment.
The Judge argued the matter at some
length and tnen stated that if the Gov
ernor would postpone the hearing for
some little time, he would endeavor
to have other interested persons before
him. To this Governor Warfield re-
piled: 81 see no special reason or de
mand for executive clemency in this
case. +" He had before him many
newspaper clippings, the decision Of
and opinion of the Court and a copy
of the editorial which appeared in the
Evening Capital relative TO the mat.
ter. The Governor read, with great
| interest the editorial and seemed