The comet. (Johnson City, Tenn.) 1884-1916, 1910-04-14
AFFIRMING
SENTENCE OF
LOWER COURT
AS TO DUNCAN B. COOPER
All Assignments of Error Covered
but on Question of Separate
Intent Majority Differs

Nashville, April l3.-Affirmed as to
Duncan B. Cooper. Reversed as to
RobinlJ. Cooper.
This is the opinion of the supreme
court of Tennessee in the celebrated
case in which Col. d. B. Cooper and
his son. Robin J. Cooper, were convict
ed of murder in the second degree for
the murder of Senator Edward Ward
Carmack on the afternoon of Novem-
Der 8, 1908. The case was up on TWEEN
ty-two assignments of error, and the
record is one of the most voluminous
ever passed upon by the court.
Justices Shields and Neil affirmed
the decision of the lower court as TO
both.
Chief Justice Beard and Justice Bell
reversed as TO both.
Justice McAlister affirmed of to Col.
Cooper and dissented as to Robin Coop
err.
The opinion of the majority was
read by Justice Shields and was begun
at 9:49 o'clock and completed at l2:l5
o'clock and included seventy-siX pages
of typewriter matter.
The court room was packed to suflo-
cation and the opinion was heard WIN
breathless interest.
The opinion, which is elaborate, was
read by Judge JohnK. Shields.
A dissenting opinion was also read.
The first hour of the reading of the
opinion was occupied with anelabor-
ate review of the proceedings in tie en-
| tire case.
SIN this case, the opinion was pre-
pared by the chief justice, which was
presented to the court in the last few
DAYS and a majority of the court not
concurring in all of it, by direction OF
that majority, l have prepared the
opinion, and now by like direction,
present it,
These we're the words which Justice
j. X. Shields, of the supreme court,
this morning, in reading the hrsl
opinion, rendered in the famous case,
when he acquainted the waiting crowd
that filled the supreme court room
that the celebrated case was about to
be decided finally and that there were
to be two opinions. He began reading
at 9:45 o'clock and took up in order the
twenty-five assignments of error which
had been given by counsel for plain
tiffs in error as grounds for a reversal
of the sentence of twenty years in the
court below.
The fact that the celebrated case was
to be decided today, which had beer
merely rumor in the early morning
caused many interested persons anc
others, impelled by curiosity, to make
: their way to the supreme court room
and before Justice Shields had finish
ed the first paragraph the doors had tc
be closed and many watched the pro
ceedings of the court through the win
dows. An air of suppressed excite
ment prevailed the court room, and al
the reading progressed signs of ner
vousness were apparent among thu
counsel for the Coopers, while Robir
and his father frequently bit their lips
, the former on several occasions speak
ing to his sister, Mrs. Lucia Burch
who sat to his left and little to hi
back.
At $40 o'clock Marshal R. D. Mar
shall brought the gavel down and tn
spectators stood as the court entered il
the following order Shields, Neil
D Chief Justice Beard, McAlister AM
, Bell. A hush like the stiffness c
death fell upon the court, but this wa
quickly dispclled when Justice Shield
0 took up another case. There was onl.
a brief wait, however, for only min
minutes after court convened Justic
Shields began reading the opinion il
J. the celebrated case.
=, The opinion recited the assignment
of error and was very able and elat
crate review of Al this, the most famou
murder case in the history of Tenne'
see, not only on account of the prom
nence of principals, but on account
previous incidents which had harper
ed in the politics of the state in whic
o both Senator Carmack and Col. Cool
q er had been interested.
= The first assignment of error Wa
n that the verdict was not warranted 3
s. the evidence. This the opinion hel
n was unsound as the proof, after II
r verdict should show preponderen'
in favor of innocence.
= The second assignment of error WI
:. that special portion of Judge Hart
ID charge 10 the jury included all Il
defendants. This was fully cured
the charge, according TO the opiniC
and was not error,
!. The third assignment of error W