The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-14
lSATI0N CREATED
IN NASHVILLE BY THE
ISSUANCE OF PARDON
e of Robin Cooper Is Reversed and
Hemanded for New Trial but the
Court Is Very Much Divided
on Both Cnses

Nashville, April 13,-A sensation equal
S x that which infiamed Tennessee in NO
mher 1908, when former United States
nator r. W. Carmack was shot and
stlled In the streets of Nashville, was
f.le hardening by Gov. M. R. Patterson to-
IL of Col Duncan B. Cooper, who with
Is son, Robin J. Cooper, was conVlc,eo
al the murder of Mr.. Carmack
The issuance of the pardon on the gov
ssnor's own initiative without formal
fetftion before him followed quickly the
reading of the opinion of the Tennessee
4 supreme court affirming the verdict OF
guilty In the case of Colonel cooper uii-
Aller sentence of 20 years in the peniten-
iary, and reversal of the lower court
N the case of Robin Cooper, who was
benteneed to a like period for the same
crime.
The news of the courts action and that
of the governor in pardoning Colonel
Cooper spread quickly through the city
causing intense excitement and heated
street corner discussions by numerous
groups of partisans.
Governor Patterson wrote the full par
don for Colonel COOPER and filed it with
the secretary of state, while Chief Justice
Beard was yet reading a dissenting opin-
ion in the case of Colonel Cooper. In
statement given to the press the governor
Says:
I'm my opinion neither of the defend-
ants are guilty and they have not had a
fair anss impartial trial. They were con-
yicted contrary to the law and the evil
dence."
The conviction and sentence of Colonel
Cooper was affirmed by divided court.
In an entirely different lineup of the
justices the court split on the question
of the guilt of Robin Cooper by vote of
three to two, the lower court being re-
versed and the case remanded for new
trial.
TIE reversal in the case of Robin Cooper
Is based on assignments of error in the
trial judge failing to charge separately
rs to Robin Cooper's theory of self-de-
Tense, linking the defense of the two de-
PENDANTS together; excluding testimony of
Governor Patterson as to talks with de-
rendant Robin Cooper and advice given
him as to Colonel Cooper before the trag
edy: and the admission of cross-examina-
ton of Robin Cooper as to extent of GER
tain states witnesses in testifying as to
certain incidents.
Colonel Cooper was still at the capitol
when the pardon was filed In the secre-
tary of states office. He was at once
surrounded by crowd of friends seek
Ing to congratulate him. He was calm
and even cheerful through II all. The re-
versal in his sons case seemed to interest
and please him to the exclusion of his
pwn fate.
"I wanted Robins vindication more
than wanted pardon" was his smil-
Ing remark when told of the governors
letion in behalf of himself. Leaving
the crowds gathered about him, he
entered carriage with his daugh-
ter Mrs. Lucius e. Burch. and his sis
ter-in-law, Mrs. James c. Bradford, and
accompanied by Marshal Robert Mar
shall, was driven to the county Jail,
where formalities In connection with
the pardon were gone through with
and he was released: He reached the
Jail at 2:20 y. m, leaving there about
b:30 for the residence of his daughter.
Mrs. Burch. Robin Cooper is under a
e25,c00 bond. His friends freely predict
that he will not again be arraigned
Tor trial Should he be, 1t would be
/ most difficult undertaking to secure
Jury in Davidson county under the
requirements of the present law.
The opinions of the court were read
before a court room packed to suf-
location, the corridors being crowded
with those unable to gain entrance.
Every word was listened to with
breathless interest and the scene was
Z memorable one. 1t marked an epoch
In not only the legal annals OF the
state but the political as well. Tie
democratic party of Tennessee has been
rent into bitter factions over the pro-
hibition question and, as wheel with
in Wheel, 1.-THE Cooper case" has
played conspicuous part
Cooper Is the close friend and al
legged political adviser of Governor Pat
terson, who is the leader of the anti
prohibition forces in Tennessee. Car
mack was the chief of the prohibition
movement. Patterson was most i'm
portant witness for the defense at the
trial of the Coopers for the killing
Of Carmack, whose death, his friends
allege, was the outcome of political
machination- Now, on the verge of an
election of the judiciary. the supreme
court was called on to pass finally
upon the case, over which it seems
the party factions have actually
aligned themselves on one side or the
other. For SO days the court had the
case and the state has been on the
tiptoe of expectancy as opinion days
came and went without its being re-
ferred to.
The announcement, at last, shows an
interesting status to those familiar
with the intricacies Of the political
situation. Chief Justice Beard and JUS
tices McAllister and Bell reverse the
ease as to Robin Cooper. Justices Neil
and Shields dissenting. Justices
Shields, McAllister and Neil confirm as
10 Colonel Cooper. Chief Justice Beard
and Justice Bell dissenting.
-~-A
divided than 1t ever was before Two
Of the most elaborate opinions ever rem
dered were handed down and neither one
Of them, strange to say, actually accom-
piished the result intended ty the ma
3ortty Of the court. Justice John X
(CoNTzNUEp on PA0p ~