The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1910-04-21

Promptly Freed by the Governor After His Case
Had Been Affirmed by the Supreme Court of
Tennessee-Robn Cooper Gets New Trial

plishcd the result intended by the opin-
ION itself or the justice who wrote II.
Justice John X Shields read an opinion
covering ~ typewriter pages, affirm
ing the Judgment OF the court below in
all things. In this Justice NJ. NJ. Neil
concurred.
Chief Justice Beard read an opinion
covering IS typewriter pages. This
opinion reversed the Judgment Of the
court below as TO both defendants. In
IL Justice b. ID. Bell concurred.
Upon the shoulders of Justice w. X
McAlistcr rested the responsibility OF
actually deciding the case. He con-
Cured with neither opinion in toto. Upon
the twenty-five assignments Of error, he.
concurred with Justices Shields and Neil
in the majority Of them, but differed
with them ss to all Of those affecting
Robin Cooper exclusively.
As n result of this wide division OF
the court on this case the opinion of the
court was not handed down for the first
time in the history Of the jurisprudence
Of the state. The opinion Of Justice
Shields is not the opinion Of the court,
nor is the opinion of Justice Beard the
opinion Of the court, but a part of each
taken together forms the actual decision
that goes into effect.
Nashville Excited.
The news created more excitement and
more widespread discussion probably
than any event in the history of the
city. The telegraph and telephone of
fies were besieged not only by repre-
sentatives of out of town newspapers,
but by hundreds of private messages to
friends all over the state and in adjoin-
ing states.
The pardon was not unexpected. From
Governor Patterson's 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 q
pardon to both defendants should the
supreme court affirm the sentence. But
prise, il created all of the interest and
all of the wild excitement that a totally
unexpected denouement to the whol'
series of events could have done.
Political Results.
| As to the result politically in Tennes
see of the state supreme courts decision
in the Cooper case and the pardon o.
Colonel ID. b. Cooper by Governor Pat
terson, opinion seesns general that tn
old fractional lines-Patterson and anti
Patterson, the latter representing tn
prohibition or statewide element of tn
state Democracy-are unchanged. Il
fact, they are more taut il that be pos
sible. The governors friends claim tina
his action has served to cement NOR
closely than ever his following-that
has given them a rallying cry to battle
On the other hand, it has embittered +
even intenser degree the hostility to hin
on the part of his political enemies. eau
mack was the leader and idol of tn
state-widers. His friends, charging tina
his killing was the outcome of a pc
ltical scheme, made it the chief issu
against Patterson, and the Cooper cas-
has colored the entire political atmo'
phere of Tennessee.
A governor and state Judiciary are 500
to be elected. The state Democratic con
mittce, dominated by Patterson men, n
Gently called a blanket primary for Jun
to make nominations. Enemies of PAT
terson freely charged the inclusion of tn
judiciary was an attempt to WELD clu
over the supreme Court, which had tn
Cooper case under advisement, and ever
member of which was a candidate for n
election. Matters were complicated b
the refusal of Chief Justice Beard an
! Justices Shields and Neil to enter tn
primary. They will run independent,
and now that their attitude on tn
"cause celebre" is known, the question
what will the alignment bef
+ II is most complex, il the attitude {
individual members of the court is to
, taken into the analysis. Meanwhile Pa
terson, serving his second term as go'
ernor, has not said if he is candidai
, for a third term. Many of his friend
are mistakenly urging him 10 be, viii
equally strong pressure is being used
. induce him to run for United State
I senator to succeed James b. Frazier. Il
: cidehtally, MIR. Frazier, "A candidate
; succeed himself, has refused to enter Il
) June primary.
The statewide faction il well orgal
n lied and prepared to fight Patterso
i wherever he lands. But they have Nc
!. as yet put forward a name to be used
: connection with the gubernatorial rae
0 The campaign, when it opens, is expeets
) TO be furious.