The Birmingham age-herald., 1910-04-19
PardOning of Col. Cooper Is Basis of the Address
 and the Explanation
MERELY POLITICAL WAS TRIAL OF THE COOPERS
Governor Patterson Says Tint Colonel Cooper Did Not Fire the Shot at Cnrmack and Was Not In
 Conspiracy

| Nashville. April 1S-Gov. M. R. Pat Iterson tonight announced his candidacy to succeed himself. In view of recent political events in Tennessee ana the governors pardon of Col. Duncan Cooper, sentenced to 20 years in prison for the murder of ex-Senator Carmack, the statement of Governor Patterson is particularly interesting. It declares:
 Malicious and persistent defana- tions, while they have not harmed, have made the burdens somewhat hard to bear and rendered more difficult the discharge of the duties incumbent upon me-"
 Under a sub-heading, Cooper case,' the statement says: N
 My reasons for pardoning Colonel Cooper have already been given and hood no reiteration. It will not be amiss, however, to present certain oth- CT facts which may have escaped the public not e in the din and clamor which has been raised. Outside news papers might be excused for misstate- ments for their information is partial. but there is no palliation for those in cir own state who have sought to stigmatize me and infame tho pas sions of men against an act which had the right to perform. These haye said that Colonel Cooper was my kriend and one of chief counsellors. This was true. and it was true long before Senator Carmack became a candidate for governor. My relations with Colonel al4 t.,4f l no attempt has ever been made to de- ny or conceal that fact. At one time so were the relations between Colonel Cooper and Senator Carmack. I was in no way at fault in bringing about a rupture between them. When | learned of probable trouble I tried In every way to avoid it and believed that my efforts and those of others had succeeded. When the killing of Sem ator Carmack occurred I was in no sense responsible for it and have keen iy regretted it from that hour to this, not only on his own account, but be- cause it involved my friends and gave license to certain men whose names should be infamous to manufacture po- litical capital and to excite the people at a time when the state was already disturbed and distressed.
 Political Trial
 'Nhen Colonel Cooper and his son were tried I have never believed and do not believe. that their case received that calm considere ton to which it was entitled. but on the contrary, it was rather a political trial with al- most every element present to pre- tc11lde n Sf ra nf .hon 1- ed justice. Their case was appealed to the supreme court and that tribunal divided, three being in favor of an affirmance of the case against Colonel Cooper. while three were in favor of reversal as to the son. and two were in favor of reversal as to both.
 T have not heard the motives of tbe | court impugned in thus dividing and dis agreeing, but when, in the exercise of a higher and at least as sacred a duty as any which devolves upon the court, I pardon Colonel Cooper, the atmosphere Is at once laden with imprecations and every bad motive is at once assigned. It must appear strange. and 1t cannot be without motive, that the newspapers which have reviled me for the exercise of | the pardoning power in this case have said nothing of the minority opinion of the court, and have almost ceased to discuss the question of the guilt or in- | HoCcnCe OL CoioHel cooper and ms son.
 Review of Testimony | II wish those who are open to reason to put themselves fin my position and to view the facts as they are, and not as distorted imaginations would have them Senator Carmack, according to the testi- mony, killed by Robin Cooper and | in my judgment any fair interpretation of it shows that the killing occurred after Senator Carmack had fired two shots from his pistol at the defendant. I be- lieve the act of Robin Cooper was in his necessary self-defenss. and this view was evidently shared by the majority of the court which reversed his case. On the other hand, Colonel Cooper was not in any conspiracy to kill. and I do not re- call that any of the justices of the su- preme court so held but on the contrary. am informed that the theory of con spiracy was abandoned in the argument before the court and was not found as a fact in any opinion delivered
 That Colonel Cooper did not fire a shot is abundantly shown. and there waa never any serious contention that he did. If he was not in a conspiracy to kill and did not kill, where is the law or the jus- tce which will hold him guilty of mur- der?
 Had this been an ordinary lawsuit. | tried in the ordinary way, without the settings of excitement and passion. Col- onel Cooper would have been acquitted almost as a matter of course. Without impugning the opinions of others, I think it was a miscarriage of justice when he was not acquitted.
 Justice for Friend
 Believing this, what course should l have pursued? 1t is said the defendant was my friend. politically and person. ally. But shall deny justice to a friendf Shall I refuse to accord to him that which an enemy had the right to ask and that which the humblest citizen may expect Must man go to prison for murder who is now 65 years of age who has never killed anybody. because he han pens to be a friend of a governor? Is governor worthy to hold office who would suffer 1t? If had been afraid to save
 
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