The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-14
Governor of Tennessee Pardons
His Political Adviser Who
Was Convicted of Killing the
Formers Political Rival.
ONE MORE SCANDAL IN
POLITICS OF TENNESSEE
Action of Supreme Court in
Carmack Murder Case I'M
mediateIy NuIIified by Action
of States Chief Executive.
EXCITEMENT IN CAPITAL
NJ ASHS LILLE, Tenn. AprH ID
IN Colonel Duncan II. Cooper, con-
Vtcted of killing Former Senator

ASHS lille, Tenn, April 81
IN Colonel Duncan II. Cooper, con-
V1cted Of killing former senator
n. w. Carmack and sentenced to
t"ehty years Imprisonment, was
granted full pardon today by Gov
ernor Patterson Just after the Ten
nessee Supreme court had reaffirmed
his sentence.
Robin, son of Colonel Cooper, con-
Vtcted With his father, WAS reminded
for a new trial by the Supreme conrf.
In the younger mans case. the Su-
preme cOurf was divided, Chief JUS
tice Beard reading dissenting Opin-
ion.
Governor PaftersOn's pardon for
Colonel Cooper declares Gin my Opin-
ion neither of the defendants is guilty.
and they have not had "A fair and i'm
partial trial, but were convicted con-
trary 40 the law and evidence"
The reversal in the case of Robin is
based on assignments of error in the trial
judges failure to charge separately as to
Robin CoOper's plea of self-defense, the
linking of the defense of the two de-
lendants together, the excluding of tes-
timOny OF Governor Patterson as to talks
with defendant, Robin Cooper, and ad-
vice given him before the tragedy: and
the admission of crOss-examination OF
Robin Cooper as to the intent of GER
tain states witnesses in testifying as 10
certain incidents.
Col. Cooper Congratulated.
Colonel Cooper was still at the capitol
when the pardon was entered in the sec
rotary of states office. He was at once
ing to congratulate him. He was calm
and even cheerful The reversal of his
sons case seemed to interest and please
him to the exclusion OF his own fate.
Il want Robins vindication more than
i wanted a pardon, was his remark,
when told Of the governors action on
behalf of himself Robin Cooper is under
a S25,000 bond. His friends predict that
he will not again be tried.
Cooper is a close personal and pOliti-
cal friend and alleged political adviser
of Governor Patterson, who is the lead
er of the anti-prohibitiOn forces in Ten
nessee. Darmack was the chief of the
lrohibition movement Patterson was
n ost important witness for the defense at
the trial Of the COopers for the killing of
Carmack. On the verge Of an election of
the judiciary the Supreme court was
called to pass finally on the case.
carmack's Friends Indignant.
The friends OF the late Senator Carmack
became indignant over the hasty action of
the governor and the matter was dis
cussed by excited groups Of men on the
streets.
Governor Patterson. in pardoning Colo
mel Cooper, said. Being thoroughly IA
miliar with the record, having read all
the testimony ana teStlIled 10 certain IacJS
within my personal knowledge, il is not
desirable to delay action. Neither Of the
defendants is guilty and they have not
had a fair and impartial trial, but were
convicted contrary to the law and evil
dence The action of the Supreme court
in vacating the judgment as to Robin
Cooper leaves the sentence of final con-
victiOn as to his cO-defendant- The proof
showed that Robin Cooper killed the de-
ceased and that ID. B. Cooper did not fire
a shot.
without reflection upon the court, il
is inconceivable TO my mind and repug-
nant &c every principle of justice that a
man should be found guilty of murder
who was not in the conspiracy to XIII
and who i'm fact did not kill"
AS a result OF the state supreme courts
decision in the Cooper case and the par
don of Colonel Cooper by Governor Pat
terson, opinion seems general that the
old factiOnal Iines-PattersOn and anti
CONTINUED on Page TWo.)