New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-14
.PARD0NS COLONEL COOPER
Governor Acts While Suurem.
Court Confirms Sentence
POLITICAL FAVOR ALLEGED
Robin Cooper Remanded for Man.
Trial for Staying Of Ex-
Senator Carmack

@'-e'--'AAaHf A-AAtA-s - NAlN IT, W nile fra a.
preme Court OF Tennessee today va. -
hrming the conviction or Colonel Dun.
Il. Cooper DOR tie staying on Novsmb.-
1893. in Nashville street % ex-r-nl..,
States Senator + ". Carmack c;ove--.'
Patterson wrote a fun pardon for tho 4.
PENDANT. declaring that IN his belief Coio-.,
Cooper was not guilty. The Supreme Co..
remanded for retriaf thu case of Pos.
Cooper. convicted Nith his father.
The situation Is tense tonight becau..
OF allegations by friends % Carmacs, -.
politics entered into the case. Il i -
that Robin Cooper viii never be tried ao,s
Coopers had been sentenced % tvgsns,
years imprisonment
The court was divided both in CONFIRMS.
the sentence OF Colonel Cooper and In -
handing the case Of his son. II was win.
Chief Justice Beard was reading a a.
sentins opinion IN the case OF Color.
Cooper that the Governor pardoned m.
defendant. In the pardon he said in Ds-,
Being thoroughly familiar with n.
record. having read ali the testimouy and
testified TO certain facts within my persona,
knowledge. Il is neither desirable nor nece4-
sary to delay action for petition 10 be ors-
sented asking executive ciemerry.
''In my opinion neither Of tha defendants
is guilty. They have not had a fair and IN
partial trial but were convicted eoafrarv
10 the law ard evidence. The action OF M
Supreme Court IN vacating the judgment
"a TO Robin Cooper leaves the sentence a.
final conviction as % his codefendant The
proof showed that Robin Cooper killed ne
deceased. and that .. p. Cooper ala nor
FIRE a shot Without reflection unon In,
court. 70 - inconcelvabIe 20 NY mind and
rspUgnant 70 every principle OF justice thar
a man should be found guilty Of murder
who was not in a conspiracy 70 AH ard
who IN fact did not XII"
Colonel Cooper was stiI az the CAPITOL
when the pardon was entered in the Sec-s-
tary OF States office FTe was az once sur
rounded BY a crowd OF friends seeking to
congratulate him The reversal In his
sons case seemed % please hin 20 the ex-
elusiOn OF his own freedom.
II wanted Robins vindicauOn more than
I wanted a pardon" was his remark whss
told OF the Governors action. Leaving tas
crowd he entered a carriage and, accom-
panied By Marshal Robert Marshall was
driven to the county jail where formal.
ties IN connection with the pardon ws-s
gone through with. Then he was released
Robin Cooper Is under s25.oeO bail
Colonel Cooper f. the close personal az
political friend o1 Governor Patterson.
who Is the leader OF the auti-pcohi5iiio1
forces in Tennessee. Carmack vas trs
chief or the prohibition movement. Patre--
son was an important witness for the De-
fence at the trial Of the Coopers for the
kilIinE Of Carmack
The Supreme Court room was packed o.
day when the various opinions In the cases
were read Much interest was manifested
by many persons. who thought that tie de-
cisiOn OF the Supreme Court at this tine
might have some effect on the coming
state judiciary elections.
The reversal In the ease or Robin Cooper
was based on assign n1ents of error On the
trial judges failing % charge separately
as to Robin Cooper's theory OF self-ls-
fence. linking the defence Of the two
defendants. excluding testimony Of Gov
ernor Patterson as to talks with Roo
in Cooper ami advice given him as %
Colonel Cooper before the tragedy AMI
the admission OF cross-examination a.
Robin Cooper a. to intent OF certain states
witnesses in testtfyiug as 70 certain in
cidents.
As 10 the result politically in Teanessss
OF the State Supreme Courts decision IN
the Cooper case and the pardon of Colonsl
Cooper by Governor Patterson. opinion
seems general that factional lines in TIE
Demscratic party Of the state win Be-
drawn tighter than ever
a Governor and state Judiciary are soon
70 be elected. The state Democratic Com
mittee. dominated by supporters Of Gov
eTnor Patterson. recently called a blanket
primary for June 10 make nominations.
Opponents OF Patterson freely charged that
the judiciary was included in The primary
as an attempt 70 WELD club over ne
Supreme Court. which had the Cooper case
under sdvisement and every member o.
which was a candidate for reelection.
chief Justice Beard and Justices Shields
and Neil. OF the Supreme Court. refused %
enter the primary. They VIII run inds-
Pendently
Many 81 PattersOu's friends are urging
him 10 announce his candidacy for r.
election. while equally strong pressure Is
used TO induce him 70 run fo- United Statss
Senator 20 succeed James r. Frazier SER
has refused 70 enter the June primary
Governor Patterson has always been Of
posed 70 statewide prohibition. that sF
having been passed over his veto. and q =
largely over prohibition that the Democrats
OF Ternesses are divided into factions.