The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-04-16

Nashville. Tenn. April ia sem
sation equalling that which inflamed,
In November. 1908, when former
United States Senator Edward Car
mack was shot and killed on a promi-
net street In Nashville, was created
by the pardoning by Governor M. r.
Patterson. today Of Col. Duncan b.
Cooper. who, with his son, Robin ].
Cooper, was convicted of the murder
of Carmack. The issuance Of the
pardon on the Governors own in
itiative. without formal petition be-
fore him, followed quickly the reading
of the opinion of the Tennessee Sill
preme Court affirming the verdict Of
guilty in the case of Col roper, un-
der sentence of twenty years In the
penitentiary, and reversing the lower
court in the case Of Robin Cooper
who was sentenced to a like period
for the Carmack murder.
The news of the Courts action and
that of the Governor in pardoning
Col Cooper spread quickly through
the city, causing intense excitement
and heated discussion by numerous
groups of partisans.
Governor Patterson wrote the full
pardon for Col Cooper and filed 1t
with the Secretary Of State, while
Chief Justice Beard was yet reading
dissenting opinion in the case of
Col Cooper. In a statement given
to the press almost Immediately, the
Governor said:
"In my opinion neither Of the de-
fendant is guilty and they have not
had fair and impartial trial. but
were convicted contrary to the law
and the evidence"
The conviction and sentence of
Col. Cooper was affirmed by divided
Court. In an entirely different line
up of the justices, the Court split as
to the guilt OF Robin Cooper, by a
vote of to 2. the lower Court being
reversed and the case remanded for
a new trial.
The reversal of the case Of Robin
Cooper is based on assignments of
error in the trial Justices failure to
charge separately as to Robin Coop
er's theory of self-defense, linking the
defence of the two defendants to-
gether; excluding testimony Of Cover
nor Patterson as to talks with Robin
Cooper, and advice given him as to
Col. Cooper before the tragedy: and
the admission on cross ss-exanination Of
Robin Cooper as to the intent OF GER
tain States witnesses in testifying as
to certain incidents.
Col. Cooper was still at the Capital
when the pardon was entered in the
Secretary of States office. He was at
once SURROUNDED by a crowd of
friends seeking to congratulate him.
He was calm. and even cheerful.
through it all. as If he had received
an acquittal. The reversal in his
sons case seemed to interest and
please him to the exclusion Of his
own fate.
II wanted Robins vindication more
than I wanted a pardon" was his
smiling remark. when told of the
Governors action in behalf Of him
self. Leaving the crowds about him,
he entered a carriage with his daugh-
ter. Mrs. Lucius F.. Burch, and his
sister-in-law, Mrs. James G. Bradford,
and accompanied by Marshall Robert
Marshall, was driven to the county
jail. where formalities in connection
with the pardon were gone through
with and he was released. He reach
cd the jail at 2.20 p. m., leaving there
about 2:30 for the residence Of his
daughter, Mrs. Burch. Robin Cooper
Is under a s25.0O bond. His friends
freely predict that ne will not again
be arraigned for trial. Should he he.
IL would be a most difficult undertake
ing to secure n jury in Davidson
County under the laws requirements
The opinions were read before n
Court room packed to suffocation. the
corridors being crowded with those
unable TO gain entrance. Every word
was listened 10 with breathless inter-
est. and the scene was n memorable
ono. II marked an epoch ~ not only
the legal annals OF the Sta, :, but the
political as well. The Democratic
party OF Tennessee has been rent i'm.
to bitter factions over the prohibit
ion question, and rs a wheel within "a
wheel, "the Cooper case" has PLAYED
a conspicuous part.