The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-14

opinion of Justice Beard the opinion of
the court, but a part of each taken to-
gether forms the actual decision that goes
into effect.
Coming in the middle Of the day. when
many kinds of men were on the street,
the news created more excitement and
more widespread discussion probably than
any event in the history of the city.
The telegraph and telephone offices were
besieged, not only by representatives of
out-of-town newspapers, but by hundreds
of others with private messages to friends
all over the state and in adjoining states.
The pardon was not unexpected. From
Governor Pattersonsl testimony In the
court below there could remain no doubt
as to his personal conviction of the in
nocence of the defendants. Such being
the case there was never any doubt in
the public mind that he would grant
pardon to both defendants should the
supreme court affirm the sentence But
while this action did not come as a sur
prise, it created all of the interest and
all Of the wild excitement that totally
unexpected denouement to the whole Sc
ries of events could have done.
Governor Patterson, in pardonlng Colo
mel Cooper, said:
Being thoroughly familiar with the
record, having read all the testimony
and testified to concerning facts within
my personal knowledge, it is neither de-
sirable nor necessary for a petition to
be presented asking executive clemency.
I'm my opinion, neither of the Defend
ants is guilty and they have not had
fair and impartial trial, but were con-
| victed contrary to the law and evidence
| The action of the supreme court in re-
versing the judgment in Robin Cooper's
case leaves the sentence of final convic-
| tior as to his co-defendant. The proofs
/ oh COnnpr
ceased and that d. B. Cooper did not
| fire a shot without reflection upon the
| court II is inconceivable to my mind and
| repugnant to every principle of justice
that a man should be found guilty of
murder who was not in a conspiracy to
kill and who in fact did not kill
Opinion Is Presented
'In this case the opinion was prepared
| by the chief justice, which was presented
to the court in the last few days and
majority of the court concurring in all of
it. by the direction of that majority L
have prepared the opinion and now, by
like direction, present it."
These were the words which Justice j.
K Shields of the supreme court this
morning In reading the first opinion rem
dered in the famous case, 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 be-
gan reading at 9:45 and took up in order
| the 90 assignments of error, which had
been given by counsel for plaintiffs In
error as grounds for reversal of the
sentence of 20 years in the court below.
The fact that the celebrated case was
Il to be decided today, which had been
merely a rumor in the early morning,
caused many interested persons and
others, impeled by curiosity. to make
their way to the supreme court room,
and before Justice Shields had finished
the first paragraph the doors had to be
7 closed and many watched the proceed
4 ings of the court through the windows
An air of suppressed excitement pervaded
the court, room, and as the reading pro-
crossed signs of nervousness were ap-
parent among the counsel for the Coop
ers, while Robin and his father fire.
quently bit their lips, the former ON sew
eral occasions speaking to his sister. Mrs
Lucius Burch, who sat to his left and a
little to his back.
Robin Cooper arrived in the court room
at 800 o'clock and Colonel Cooper ar
( rived just q few seconds later. both TAX
ing seats to the right of the bench and
Z to the left Of their counsel. J. c. Brad,