Lower coast gazette., 1910-04-23
PATTERSON PARDONS COOPER
Promptly Freed by the Governor After His Case
Had Been Affirmed by the Supreme Court OF
Tennessee-Robin Cooper Gets New Trial

Nashville, Tenn.-In the case of Col.
Duncan b. Cooper and Robin j. Cooper,
father and son, convicted OF killing for
mer United States Senator +. W. Car
mack on the streets here, Nov. 0, 1908,
and sentenced to twenty years each IN
the state penitentiary, the Tennessee
supreme court Wednesday morning, by
1 divided vote, affirmed the sentence as
to ID. b. Cooper, As TO Robin Cooper
the case, also by a divided vote, is re.
yersed and remanded to the lower court
for a new trial. While Chief Justice
Beard was reading a dissenting opinion
in the case of Duncan B.. Cooper, Gov
ernor Patterson wrote a full pardon for
the defendant. in which he declares:
Being thoroughly familiar with the
record, having read ali the testimony
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 eX-
ecutiye clemcncy.
in my opinion, neither OF the de-
PENDANTS is guilty and they have not
had a fair and impartial trial, but were
convicted contrary TO the law and evi-
dencc. The action of the supreme court
in vacating the Judgment as to Robin
Cooper, leaves the sentence of final con
-. -. =. a., lt,.l,- TIL MO-
showed that Robin Cooper killed the
deceased and that d. i. Cooper did not
fire a shot. Without reflection upon the
court, it is Inconceivable to my mind
and ~repugnant to every principle of JUS
tice that a 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
a%rately as to Robin Cooper's theory of
self-iefense, linking the defense of the
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-eyamination of Robin Cooper as
to intent of certain states witnesses in
testifying as to certain Incidents.
Wanted Robins Vindication.
Colonel Cooper was still at the capitol
when the pardon was entered in the
secretary of states office, lie vas Mt
once surrounded by a crowd of friends
seeking to congratulate him.
Il wanted Robins vindication more
than | wanted a pardon" was his smil.
ing remark wnen told of the governors
action in behalf of himself. Leaving the
crowds gathered about him, he entered a
carriage with his daughter, Mrs. Lucius
Z. Burch. and his sister-in-law, Mrs.
James c. 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. He
reached the Jail at 2:2O p. M, leaving
there about 2:30.
Robin Cooper is under a $25,0 0O bond.
His friends freely predict that he will
not again be arraigned for trial. Should
he be, it would be a most difficult I'M
dertaking to secure a jury in Davidson
under the laws requirements. {
Courtroom Was Packed.
The opinions were read before a court
room packed to suff0cati0n, the corridors
being crowded with those unable to gain
entrance. Every word was listened to |
with breathless interest, and the scene {
a memorable one. 1t marked an =
epoch in not only the legal annals of the !.
state, but the political as well. The J
party of Tennessee has been y
rent into bitter factions over the prohi- \
bition question, and, as a wheel within Il
a wheel, "the Cooper case" has played a :
conspicuous part. Cooper is the close !
and alleged political adviser of y
Patterson, who is the leader of the anti p
prohibition forces in Tennessee. Carmack d
vas the chief of the prohibition move
ment. Patterson was a most important W
for the defense at the trial of
The Coopers for the killing of Carmack, II
death his friends aiiege was the Il
of political vaccination. Now, t.
IN the verge of an election of the judici- G
Try, the supreme court was called on to II
BASS finally on the case over which it a
the party factions have actually e.
themselves on one side or the II
'ther. For sixty-nine days the court ST
has had the case, and the state has e'
'een on the tiptoe of expectancy as the 81
days came and went without its j
referred to.
The announcement at last shows an il
interesting status to those familiar with W
he intricacies of the political situation. a.
,hief Justice Beard and Justices Me- &c
Mister and Bell reverse the case as to Z
Robin Cooper, Justices Neil and Shields tc
dissenting.
Justices Shields, McAlister and Neil
onfrm as to Colonel Cooper. Chief JUS
ice Beard and Justice Bell dissenting.
The supreme court was more widely ca
:vidcd than it ever was before. Two st
t the most elaborate opinions ever rem. to
were handed down, and neither one hi
n thnna Sfr n.ra a. .a,. ... .