The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-12-15
PECULIAR WORK MAY
DISBAR ATTY. gen.

he moved for the dismissal of Robin
Cooper on the ground that no one was
in court to prosecute him, may bring
about disbarment proceedings. In
fact, 1t is now believed that the filing
of the petition by the several attor-
neys for the prosecution of Cooper
asking Judge Neill to quash the for
mer action of the court freeing Cooper
was for the purpose of bringing the
encouragement to the bar.
1t was charged that the Attorney
General acted in fraudulent collision
with the attorneys for the defense.
Judge Neill, after hearing the petit
ton read, declined to allow it.
The next move on the part of the
attorneys who filed the petition will
be to take the matter before the SUI
preme Court of the State on a writ of
certiorari.
This is likely to be followed by dis
barment proceedings against Attorney
General Anderson.
Not in Jeopardy.
The charges as brought by the at
torneys recite the fact that Cooper
was not placed in jeopardy, as is con-
strued by the law. They charge that
no evidence was submitted to said jury
as required by law. That the verdict
was recommended and returned into
court without the jurys hearing any
proof and without the attorney-gen-
eral talking to single witness for the
state; that the jury returned said yer.
dict without having heard any evidence
and without being charged as to the
law; and that without leaving the jury
box or considering the case in any man.
ner whatever, they simply assented
to a verdict of not guilty, which YER
dict was not the verdict of the jury,
but simply the recommendation of the
Encouragement after hearing the de-
PENDANTS statement in private CONVEX
sation, and not being based on any
statement Of any witness for the state
as made to him, for the reason that
no witness for the state was ever CIV
en- an opportunity to make any state
ment to the Encouragement.
Said alleged verdict was used as
basis for the entering on the minutes
of the court the judgment of the court
discharging said defendant, Robin ].
Cooper.
Why Verdict is Void.
The REALTORS charge that this ver-
dict and judgment are void for the
following reasons:
There was no constitutional trial of
this defendant.
The jury heard no evidence nor
were they given any instructions as
to the law;
The encouragement usurped the
functions of the jury;
The encouragement usurped the
functions of the governor in virtually
granting a pardon;
The court has no authority to direct
a verdict of the jury in criminal
case;
The alleged verdict is not the
verdict of the jury, but the simple
recommendation of the attorney-gen-
eral to which the jury was directed
by the court to assent;
When the Encouragement an
nounced that he would not prosecute
this case, it was the duty of the court
to have appointed an encouragement
pro tempore.
The verdict and judgment are not
authorized by the law nor warranted
by the facts.
The encouragement has no right
under the law to set up his judgment
or wishes in any criminal case without
examining any of the states witness
es, against the Judgment of the grand
jury, the trial Judge, who passed upon
the merits of the proof three times,
the trial jury, who found there was no
reasonable doubt of the defendants
guilt, and against the judgment of the
majority of the supreme court who
find there is nothing in the facts to
Justify reversal of verdict of
guilty
Charge Fraudulent Collision.
The REALTORS further charge that this
verdict and judgment are void on &C.
count of fraudulent collision of the
said A. B. Anderson, encouragement
and the defendant, Robin ]. Cooper, ro
have and procure said verdict to be
entered.
They charge that the present attor