The Neshoba Democrat., 1910-04-21

Duncan b. Cooper and Robin }. Cooper
father and son, convicted of killing for.
mer United States Senator +. w. Car.
mack on the streets here, Nov. O. 1905,
md sentenced to twenty years each in
the state penitentiary, the Tennessee
supreme court Wednesday morning, by
divided vote, affirmed the sentence as
TO d. B. Cooper. As to Robin Coooer
the case, also by a divided vote, is re-
yersed and remanded to the lower court
for new trial. While Chief Justice
Beard was reading dissenting opinion
IN the case of Duncan b. Cooper, Gov.
ernor Patterson wrote full pardon for
.he defendant, in which he declares:
Being thoroughly familiar with tn,
record, having read all the testimony
and testified to certain facts within my
PERSONAL knowledge, it is neither de,
sirablc nor necessary to delay action
for petition to be presented, asking ex
ecutive clcmcncy.
I'm my opinion, neither of the de.
fendants is guilty and they have not
had a fair and impartial trial, but were
convicted contrary to the law and cyi.
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
deceased and tAt D. b. Cooper did not
fire a shot. Without reflection upon the
court, it is Inconceivable to my mind
and rcpugnant to every principle of ius
tice that man should be found guilty
of murder who was not in a conspiracy
to kill, and who, in fact, did not kill"
The reversal in the case of ROBIN
Cooper is based on assignments OF error
in the trial judges failing to charge sep
arately as to Robin Cooper's theory OF
self-dcfensc. linking the defense of the
I defendants together, excluding testimony
of Governor Patterson as to talks with
the defendant, Robin Cooper. and ad
vice given him as to Colonel Cooper be-
fore the tragedy, and the admission of
cross-cNamination of Robin Cooper as
to intent of certain states witnesses in
testlfyIng as to certain incidents.
Wanted Robins Vindication.
Y Colonel Cooper was still at the capitol
when the pardon was entered in the
secretary of states office. He was at
once surrounded by crowd of friends
seeking to congratulate him.
Il wanted Robins vindication more
than | wanted a pardon" was his sml-
ing remark wncn told of the governors
action in behalf Of himself. Leaving the
crowds gathered about him, he entered Il
carriage with his daughter, Mrs. Lucius
L. Burch, and his sistcr-in-law, Mrs.
James G., Bradford, and accompanied by
Marshal Robert Marshall, was driven to
the county Jail, where formalities in con-
nection with the pardon were gone
through with and he was released. lie
reached the Jail at 2:2O p. M, leaving
there about 2:3O.
Robin Cooper is under a $4,000 bond.
His friends freely predict that he will
not again be arraigned for trial. Should
he be, it would be a most difficult un-
dertaking to secure a jury in Davidson
county under the laws requirements.
Courtroom Was Packed.
The opinions were read before a court
room packed to suilocation, the corridors
beng crowded with those unable to gain
entrance. Every word was listened to
with breathless interest, and the scene
was a memorable one. 1t marked an
epoch i'll not only the legal annals of the
state, but the political as well. The
Democratic party of Tennessee has been
rent into bitter factions over the prohi-
bltlon question, and, as a wheel within
wheel, "the Cooper case" has played a
conspicuous part. Cooper is the close
Trend and alleged political adviser of
Patterson, who is the leader of the anti
prohibition forces in Tennessee. Carmacll
was the chief of the prohibition move
ment. Patterson was most important
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 machinaton. Now,
on the verge of an election of the judic-
ary, the supreme court was called on to
pass finally OH the case over which it
seems the party factions have actually
aligned themselves on one side or the
other. For siXty-nine days the court
has had the case, and the state has
Oeen on the tiptoe of expectancy as the
opinion days came and went without its
being referred to-
The announcement at last shows an
interesting status to those familiar with
The intricacies of the political situation.
. Chef Justice Beard and Justices Me
Alister ard Bell reverse the case as to
Robin Cooper, Justices Neil and Shields
dissenting.
Justices Shields, McAlister and Neil
confirm as to Colonel Cooper, Chief JUS
tice Beard and Justice Bell dissenting