The Camden chronicle. (Camden, Tenn.) 1890-current, 1910-04-22
COL. COOPER PARDONED
Cafmack's Slayer Freed BY Gov
ernof Patterson Of Tennessee.
sun GRANTED new TRIAL
tennessee Supreme Court Affirmed the Sen
tence OF D. B. Cooper and ordered New
Trial For Robin Cooper.

Nashville, Tenn.-In the case of
colonel Duncan b. Cooper and Robin
.. cooper, father and son, convicted
OF killing former United States Sen
ator e. w. Carmack on the streets
mere November 8, 1908, and sentenced
10 twenty years each in the state
penltentlary, the Tennessee supreme
court by a divided vote affirmed the
sentence as to Colonel d. b. Cooper
AS to Robin Cooper, the case, also
by divided vote, is reversed and re-
manded to the lower court Tor a new
trial.
While Chief Justice Beard was read
ing a dissenting opinion in the case
OF Duncan B. Cooper, Governor Pat
terson wrote full pardon for the
defendant id which he declares:
In my opinion neither of the de-
PENDANTS is guilty, and they have not
mad fair and impartial trial. but
were convicted contrary to the law
and evidence"
The reversal in the case of Robin
Cooper is based or assignments OF
error in the trial judges failing to
charge separately as to Robin Coop
ers' theory of self-defens-, linking
the defense of the two defendants to-
gether; excluding testimony Of Gov
ernor Patterson as to talks with de-
PENDANT, Robin Cooper, and advice CIV
en- him as to Colonel Cooper before
the tragedy: and the admission on
cross examination Of Robin Cooper
as to intent OF certain states wit
nesses in testifying as to certain in
cidents
Colonel Cooper was still at the
capitol when the pardon was enter
ed in the secretary OF states office.
He was at once surrounded by
crowd of friends seeking to congrat-
ulate him. He was as calm, and
even cheerful, through it all, as if
he had received an acquittal. The
reversal Of his sons case seemed to
interest and please him to the ex-
clusion of his own fate.
Il wanted Robins vindication more
than | wanted a pardon was his
smiling remark when told of the gov
ernor's action in behalf of himself.
Robin Cooper is under $4,000 bond
His friends freely predict that he
will not again be arraigned for trial.
Should he be, it would be a most
difficult undertaking to secure q jury
in Davidson county
The supreme court opinion marked
an epoch in not only the legal an
nails of the state, but the political
as WELL The democratic party OF
Tennessee has been rent into bitter
factions over the prohibition ques-
ton, and, as a wheel within a Wheel
1.-The Cooper case" has played a con-
spicuous part.
Cooper is the close friend and al
legged political adviser of Patterson,
who is the leader of the anti-prohibi
ton forces in Tennessee. Carmack
was the chief of the prohibition move
ment. Patterson was a most import
ant witness for the defense at the
trial of the Coopers for the killing OF
Carmack. whose death his friends al
iege, was the outcome of political
vaccination.
Now, on the verge of an election Of
the judiciary, the supreme courC was
called on to pass finally upon the case
over which it seems the party factions
have actually aligned themselves on
one side or the ether. For sixty-nine
DAYS the court had the case and the
state has been on the tiptoe OF ex-
pectancy as opinion days came and
went without its being referred to-
The announcement at last SHOWS
an interesting status to those famll
lar with the intricacies of the politi
cal situation.
The pardon was not unexpected
From Governor Patterson's testimony
in the doubt below there could remain
NO doubt as to his personal convlc-
ton of the innocence of the defend
ants. Such being the case, there was
never any doubt in the public mind
that he would grant a pardon to both
defendants should tae supreme court
affirm the sentence. But while this
action did not come as surprise, it
created all of the interest ant all OF
the wild excitement that totally I'M
expected denouments to the whole
series of events could have done.
AS to the result politically in Ten
nessee of the state supreme court S
decision. opinion seems general that
tho old fractional lines-Patterson and
anti-Patterson, the latter representing
the prohibition or statewide element
of the state democracy - are I'M
changed.