The daily banner. (Cambridge, Md.) 1897-2008, 1910-04-14
GOVERNOR FREES
CARMACK SLAYER
Pardons Colonel Cooper Anel
Sentence is Contirmet !;
SON GRANTED new 1hML
Tennessee Executive Declares Both
Are innocent and Did Not Have EDlf
Trials.

Are innocent and Did Not Have Ebli
Trials.
Nashville Tenn, April I4.--COlo1fl
Duncan B. Cooper. convicted ayes
ago on a charge Of murder fof thl
Staying of former United States SenLl
tor Carmack and sentenced to twents
years in prison, viii go free. 8
His son. Robin. convicted on the
same charge at the same time AM
similarly sentenced. will have to staM.
trial again.
This action came in 4 decision bS
the supreme court OF Tennessee on
the appeal of the Coopers from ths
conviction in the trial court and in =
pardon for Colonel Cooper immediate.
ly granted by Governor Patterson.
The supreme. court affirmed the ver.
dict of guilty in the case of Colonei
Cooper. but reversed the lower court
as to the SON Robin. The decision In
the case of Colonel Cooper would have
meant that the aged defendant muss
60 to prison had not the governor in.
teTvened
Regarding rhe son. the decision OF
the court means that he must go on
trial again.
1t has been reported for months
that Governor Patterson had deter.
mined to issue pardons for both father
and son in event OF such action be-
coming necessary to prevent their go.
Ing to prison. As it was. Colonel Coop
sr was not even taken into custody
after the decision of the court Waar an
nounced.
No Fair Trial. Says Governor.
Governor Patterson. in pardonine
Colonel Cooper. said: :
Being thoroughly familiar with the
and testified to certain facts within my
personal knowledge it is neither. de-
sirable nor necessary to delay action
for petition to be presented. asking
executive clemency =
In my opinion, neither of the de.
PENDANTS is guilty. They have not had
a fair and impartial trial but were
convicted contrary TO the law and eyf-.
dence
''The proof showed that Robin Coop
er killed the deceased and that y. IF
Cooper did not fire shot. siAaa,t
reflection upon the court it Is mel
ceivable to my mind and repugnant 10
every principle of justice that a main
should be found guilty of murder who
was not in a conspiracy to kill and
who in fact did not kill
The pardonins of Colonel Cooper
came in the most sensational manner.
within an hour or so of the courts
decision. although it had not been be
lieved that the governor would permit
the sixty-fve-year-old man to go toi
prison.
The pardon caused much excited
comment. Bitter political partisanshipj
has marked the case from the start,
and it is feared here that this out
come may lead to serious. trouble.
The decision and pardon have re-
opened wide the old wound between
the Carmack and Patterson followers.
On the street corners little groups OF,
citizens stand about, discussing the
decision. There is sharp criticism of
the court on one hand and apprObaI
tion on the other The friends of Car
mack are indignant over what they
term the hasty action of the governor,
On the afternoon OF Nov. 9, 19OSl
former United States Senator Edward
Ward Carmack was shot and kille1
ON the street in Nashville, Tenn. by
Robin Cooper. son of Colonel Duncan
T.. Cooper. The shooting was the re-
S dlt Of political feud said to have
b cen intensified by paragraphs printed
in the Tennessean, of which Carmack
was editor. These criticised Colonel
Cooper and what he called the Denlr
ocratic machine for the part they
played in the ten recent gubernatoriaa
primary.
On the day of the shooting Colonel
Cooper and his son Robin were walk.
ing On Seventh avenue. Former Sena-
tor Carmack approached them. and
when within short distance of them,
according to testimony at the trial of
the Coopers. Robin Cooper drew a re
volver Like fash Carmack. who
had been warned OF threats alleged to
have been made by the Coopers, drew
his revolver and both men fired.
In the first exchange of shots Robin
Cooper was slightly wounded He fired
again and Carmack sank into the gut
fer whore ha died