The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1910-04-21

ner United States Senator l.. W. Car
mack on the streets here, Nov. Q, 1908,
ind sentenced TO twenty years each IN
the state penitentiary,f the Tennessee
supreme court Wednesday morning, by
4 divided vote, affirmed the sentence as
10 ID. b. Cooper. AZ TO Robin Cooper
the case, also by divided vote, Is re-
verscd and remanded TO the lower court
Tor 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 all the testimony
and testified 60 certain facts within my
personal knowledge, it is neither de-
sirable nor necessary TO delay action
for petition to be presented, asking ex-
ecutive clemency.
In my opinion, neither Of the de-
PENDANTS is guilty and they have not
had fair and impartial trial, but were
convicted contrary to the law and evi-
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 codefcndant. The proof
showed that Robin Cooper killed the
deceased and that d. b. Cooper did not
fire a shot. without reflection upon the
court, 1t Is inconceivab!e to my mind
and repugnant to every principle of JUS
tice that n 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-defense, 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-examination Of Robin Cooper az
to intent of certain states witnesses In
testifying as to certain incidents.
Wanted Robins vindication.
Colonel Cooper was still at the capito
when the pardon was entered in th'
secretary of states office. He was al
once surrounded by a crowd of friends
seeking to congratulate him.
II wanted Robins vindication NOR
than | wanted pardon" was his smil
ing remark wnen told of the GOVERNOR
action in behalf of himself. Leaving th'
crowds gathered about him, he entered ,
carriage with his daughter, Mrs. Luciu
T.. Burch, aud his sister-in-law, Mrs
James c. bradford, and. accompanied b,
Marshal Robert Marshall, was driven u
the county Jail, where formalities in con
nection with the pardon were gon
through with and he was released. III
reached the Jail at 2:2o p. m, lcnyinI
there about $3.50.
Robin Cooper is under a $4,000 bowl
His friends freely predict that he vii
not again be arnigned for trial. Shout,
he be, il 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 suloeation, the corridor
being crowded with those vBable TO gai
entrance. Every word was listened I
with breathless interest, and the seen
was memorable one. II marked a
epoch in not only the legal annals of tn
state, but the political as well. Tn
Democratic party of Tennessee has bee
rent into bitter factions over the prob
bition question, and, as a wheel With
q wheel, ''the Cooper case" has played
conspicuous part. Cooper is the clos
friend and alleged political adviser Q
Patterson, who is the leader of the ant
prohibition forces in Tennessee. Carmac
was the chief of the prohibition NOV,
ment. Patterson was most importan
witness for the defense at the trial Q
the toopers for the killing of Carmacl
whose death his friends allege was tn
outcome of political Vaccination. Nov
ON the verge of an election of the judic
airy, the supreme court was called on {
pass finally on the ease over which
seems the party factions have actual
aligned themselves on one side OF III
other. For sixty-nine days the cow
has had the ease, and the state la
been ON the tiptoe of expectancy as til
opinion days came and went without il
being referred TO.
The announcement at last shows a
interesting status to those familiar wit
the intricacies of the political situation
Chief Justice Beard and Justices NJ
Alstcr and Bell reverse the ease as
Robin Cooper, Justices Neil and Shield
dissenting.
justices Shields, McAlister and Ne
confirm as to Colonel Cooper, Chief Ju
tiee Beard and Justice Bell dissenting
The supreme court was more widol
divided than il ever was before. Tw
Of the most elaborate opinions ever re
dered were handed down, and neither OF
of them. strange TO say, actually accor
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