New-York tribune., 1910-04-26
DEPENDS COOPER PARDON.
Says Governor Acted Despite, Not Be
cause of, Friendship.

To the Editor OF The Tribune.
Sir: I have been a reader of The Trio-
une for thirty-hve years always an adinier
OF IL. n cordial hater Of IL In the carry paS
when what appeared to me It's unreASoiIdOi
malevolence against the prostrate peopie "
this section was intOlerabie for Hi""S
years l have esteemed The Tribune tno
fairest. most conscientious, most deiif9cra''c
and ablest newspaper in the country. linas
inc my surprise on reading your coihhle"'
on Governor Patterson. IL Is conventiohai
for n Republican newspaper TO attack
Democratic Governor whenever ne SHOWS
his head; but this does not apply 10 llc
Tribune. which is too big for tawdry par
tisanship unfair advantage Incoihpie'o
information alone can account for the lapse
Here is the court record Ex-Senat0-
Carmack was killed in a street encounter
after he had twice shot the young man who
killed him. Three men--John Sharp, ex-
sheriff: Duncan B. Cooper and his son.
Robin ]. Cooper-were indicted for murder
and conspiracy to murder. In the lower
court the conspiracy charge was practically
abandoned. and John Sharp was acquitted
The Coopers. father and son. were convict
ed, and each given twenty-year term In
the penitentlary. On the ground that there
was no conspiracy Nbuil6 CoDbct 1AsFN'N W.
a separate trial, and this was denied him.
The Supreme Court held that the trial
Judge erred in denying Robin Cooper a sep
arste trial, that there was no conspiracy
ard remanded the case. Three OF the
judges voted for this, the opinion having
been prepared by Chief Justice w. u.
Beard. BY a process of reasoning not
easily understood, three Of the five Judges
beI hat ba Conner was entitled
TO a new trial.
II there was no conspiracy. II on that ac-
count John Sharp was acquitted I'm the
lower court, IL on that account Robin Coop
er was denied his rights in the opinion of
a ma aiority of the Supreme Court justices
and given a new trial. II is inconceivabls
that the elder Cooper. who did no shooting.
should have been held. If there no
conspiracy as to John Sharp and Robin
Cooper, II follows that the elder Cooper
was engaged in a conspiracy all by him
self. Having taken no part In the actual
homicide, having fired no shot, he could oe
held only as a conspirator. and the most
elementary knowledge of law will suffice
TO show the infirmity OF such a contention.
II was not because OF his friendly assO-
citation with the elder Cooper that the par
Gen was issued. but i'm spite of It. Gov
ernOr Patterson, with Rooseveltian courage.
did what he conceived TO be right, and did
II promptly. and what every unprejudiced
person familiar with the facts believes 70
have been right. G.
Tennessee. April %. 1910.
1.-THE facts OF the Cooper case are too
well known TO require The Tribune to
defend its declaration that the pardoning
of the elder Cooper was an affrOnt to
orderly processes of law in Tennessee
deplOrable I'm its effects and scandalous
I'm Its haste. AS 10 The Tribune's being
Influenced by 'partisa nship." II is sufT-
Client to say that the press of the Sou1h
has been as nearly unanimous as the
press OF the rest Of the country in de-
nouncing Governor Patterson's action.
We have noticed only two newspapers
one in Tennessee and one in Texas
which defend II t-F-d