Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-04-16
Follows Decision That Cooper Was
Legally Convicted.
CREATES TENSE SITUATION
Alleged That Governor Patterson Was
Influenced BY PoIitics-court Was
Divided Boz in Confirming the SEN
tence of Colonel Cooper and In Re-
handing the Case of His Son.

Nashville, Tenn, April 14.-While
the Supreme Court of Tennessee was
confirming the conviction of Col. Dun
can B. Cooper for the Staying on No
vember 8, 1908, In a Nashville street,
of former United States Senator T..
w. Carmack, Governor Patterson
wrote a full pardon for the defendant,
declaring that in his belief Colonel
Cooper was not guilty. The Supreme
Court renanded for retrial the case of
Robin Cooper, convicted OF the same
crime as his father.
The situation is tense because of al
legations by friends of Carmack that
politics entered into the case. 1t Is
probable that Robin Cooper will never
be retired, it is said. Both Coopers
had been sentenced to twenty years
Imprisonment.
Court Was Divided.
The court was divided both in con-
firming the sentence of Colonel Coop
err and in %remanding the case of his
son. 1t was while Chief Justice
Beard was reading a dissenting opin-
ion in the case of Colonel Cooper that
Governor Patterson pardoned the de-
PENDANT, declaring in the document:
"In my opinion neither of the de-
PENDANTS are guilty, and they have
not had a fair and impartial trial,
but were convicted contrary 20 the
law and evidence"
Colonel Cooper was still at the cap
ital when the pardon was entered in
the Secretary of States office. Ee was
at once surrounded by a large crowd
OF friends seeking to congratulate him
The reversal in his sons case seemed
to please him to the exclusion of his
own freedom.
Il wanted Robins vindication more
than | wanted a pardon" was his re-
mark when told of the governors ac-
ton. Leaving the crowd he entered
a carriage, and, accompanied by Mar
shall Robert Marshall, was driven to
the county Jail, where formalities in
connection with the pardon we're gone
through with. Then he was released.
Robin Cooper is under a $25, 900 bond.
Colonel Cooper is the close personal
and political friend of Governor Pat
terson, who is leader of the anti-prohi-
bition forces in Tennessee. Carmack
was the chief of the prohibition move
ment. Paterson was an important
witness for the defense at the trial of
the Coopers for the killing OF Car.
mack.
Reversed on Technicalities.
The Supreme Court room was pack
ed when the various opinions in the
cases were read. Much interest was
manifested by many persons who
thought that the decision of the Su.
preme Court at this time might have
some effect on the coming state judic-
larry elections.
The reversal in the case Of Robin
Cooper was based on assignments OF
error in the trial judges falling to
charge separately as to Robin Coop
er's theory OF self-defense, linking the
defense of the two defendants .ogeth.
er, including testimony of Governor
Patterson as to talks with Robin Coop.
er and advice given him as to Colonel
Cooper before the tragedy and the ad-
! mission of cross-examination of Robin
Cooper as the intent of certain states
/ witnesses to tesifying as to cerain
fuailonc