Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-04-15
Aged Defendant Was Denied
New Trial Before Pardon.
Boys Case Returned to the
Lower Court
DISSENTING OPINION
is ALSO HANDED DOWN
voIuminouS Report, Dealing
With Every Phase of CeIe-
brated Case, Is Read In
Highest State Court


nor Patterson this afternoon pardOned
Col Duncan b Cooper, whose sentence
OF 40 years in the psnirentiRry Ior the
murder OF United States Senator Z. W.
caImack. was confirmed by the state su-
preme court.
ALTHOUGH IL was believed by many
thaE the chief executive would take this
action. the pardon, coming SO soon as tho
action On the court, ereaIed n sensation
Governor Patterson. in pardoning Col
onsl Cooper, said:
Being thoroughly familiar with the
records, having read all the testimony,
ana 20 certain facts within my personal
krow1edgs. IL Is neither desirable NOR
necessary 10 delay action for petition 70
be presented. asking executive clen1ency.
In my opinion, neither OF the defend
A1ts are guilty, nor were given fair
and impartial trial, but were convicted
contrary to the law ana evidence. The
actions Of the supreme court, in vacating
the Judgment as to Robin cooper,
leaves the sentence Of final conviction as
% his eo-defendant. The proof showed
that Robin Cooper killed the deceased
and that D. y. Cooper did not fire a shot.
without reflection upon the court, 1t is
tnconceivable to NY nina and repug
nant 70 every principle OF justice that a
raan should be found guilty OF murder,
VINO was nos IN q COQhplEaG 70 XII anu
who In fact aid not kill"
WONT TRY YOUNG COOPER
After being handed his pardon Colonel
Cooper was Immediately surrounded By
his friends and congratulated. Accompa-
MED by his son and other relatives he
then repaired TO the home OF his daugh-
ter. Mrs. Lucius Burch.
II is doubted here that the case against
Robin Cooper. which was reversed today.
will ever again be brought to trial
N-ASHN LILLE, Tenn, ApTiu I3.-Af-
firmed as TO Duncan L. Cooper. Reserv-
ed as TO Robin ]. Cooper.
This is the opinion of the supreme
court OF Tennessee in the celebrated
case in which Col ID. b. Cooper and his
son, hobiR ]. Cooper, were convicted of
muder in the second degree for the muir
der OF Senator Edward CarmacK on the
afternoon OF November 3, 1905. The
cases was up on p assignments Of eF-
roF, and the record is one or the most
Yoluminous ever passed upon by the
court.
Today's decision means that Colonel
Cooper, who is now about 65 years old,
must serve his sentence OF 30 years, un-
less he is psrdoned by Governor Patter-
con The case Of the son is remanded
to the lower court and now stands in a
given the second trial.
Justices Shields and Neil affirmed the
decision Of the lower court as to both.
Chief Justice Beard ana Justice Bell
reversed as to both
Justice MeAHister affirmed as 70 Col
oael Cooper and dissented as to Robin
Cooper.
The opinion of the majority was read
By Justice Shields and was begun at
s:4s and completed at 1915 and incluj-
ed rs pages Of typewriter matter.
In this case the opinion was prepared
BY the chief justice, which was presented
20 the court in the last few days. and
q majority OF the court no. concurring
in all Of il by direction Of that majority,
/ have prepared the opinion, and now, oy
like direction. present It,
These were the words which Justice
J. X. Shields. of the supreme court used
this morning in reading the first opinion
rendered in the famous case. acquainted
the waiting crowd that filled the supreme
court roem that the celebrated case was
about to be decided finally and that there
were two opinions. He began reading at
s.l5 and took up In order the 2 assign
mentx of error which had been given
BY counsel for the plaintiffs in error in
ground fer a reversal of the sentence OF
- years in court below.
The fact that the celebrated case was
10 be decided today, which had been mere
" a rumor In the early morning, caused
many interested persons and others, i'm
PEELED by curiosity. to make their way
TO the supreme court room, and before
Justice Shields had finished the first par
agraph. the doors had to be closed and
many watched the proceedings Of the
court through the windows.
Robin Cooper arrived In the court room
at $40 o'clock. and Colonel Cooper ar
rived just a few seconds later. both TAX
ing seats 20 the right OF the bench and
20 the left OF their counsel ]. c. Brad
ford. uncle OF Robin Cooper. and broth
er-in-law Of Colonel Cooper. arrived at
s:ls while Judge J. NJ. Anderson. W. II.
Washington. =. y. Burch and Gen. Luks
z Wright accompanied by Judge NJ. II.
Meeks. arrived at s:Z7. taking seats Just
I'm front of Chief Justice Beard. The at
tornevs followed the reading closely, but
II soon became apparent that the trend
Of the opinion was not In their favor.
MANY LAWYERS PRESENT.
In the absence Of Attorney General
Charles T. Gates. Assistant Attorney Gen
eral Walter. W. Faw represented the
state. There were many attorneys in the
room who had followed the case through
the lower court, besides various officials
OF the state and others who had heard
OF the incidents that were scheduled for
the morning session.
At SEQ Marshal r. D. Marshall brought
the gavel down and the spectators stood
as the court entered In the following or
der: Justices Shields and Mel Chief Jus
tice Beard, Justices McAllister and Bell.
hush Ike the stiffness OF death Cell
upon the court room, but this was quick
" dispelled when Justice Shields took up
smother case. There was only a brief
wait, however, for only nine minutes af-
ter court adjourned Justice Shields be-
gan reading the opinion in the celebrated
case.
The opinion recited the assignment OF
error and was a very able and elaborate
review Of this, the most famous murder
case in the history OF Tennessee. not only
on account OF the prominence of the
principals. but on account Of previous in-
cidents which had happened in the poll
tics Of the state in which both Senator
Carmack and Colonel Cooper had been
interested
The most interest was shown in the
trial in the lower court The friends and
relatives Of Colonel Cooper and his son
and Carmsck thronged the court room at
each session. Press associations and spe-
eisl correspondents from all over IhA