The Tupelo journal., 1910-04-22
PATTERSON PARDONS COOPER
Promptly Freed by the Governor After Ills Case
Had Been Affirmed by the Supreme Court Of
Tennessee-Robin Cooper Gets New Trial

plished the result intended by the opin
ion itself or the justice who wrote it.
Justice John X. Shields read an opinion
covering ~ typewriter pages, affirm
ing the Judgment of the court below in
all things. In this Justice M. M. 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
it Justice B. d. Bell concurred.
Upon the shoulders of Justice w. X.
McAlister 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 as to all of those affecting
Robin Cooper exclusively.
As a 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
i 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
ties were besieged mo- only by repre-
sentatiyes 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
nocenee of the defendants. Such being
the case there was never any doubt in
the public mind that he would grant a
! 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 a totally
unexpected denouement to the whole
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 Of
Colonel D. B. Cooper by Governor Pat
%terson, opinion seems general that the
old fractional lines-Patterson and anti
Patterson, the latter representing the
prohibition or statewide element OF the
state Democracy-are unchanged. In
fact, they are more taut if that be pos
sible. The governors friends claim that
his action has served to cement more
closely than ever his following-that it
has given them a rallying cry to battle.
On the other hand, it has embittered to
even intenser degree the hostility to him
on the part of his political enemies. Car
mack was the leader and idol of the
state-widers. His friends, charging that
his killing was the outcome of a po-
litical scheme, made it the chief issue
against Patterson, and the Cooper case
has colored the entire political atmos-
phere of Tennessee.
A governor and state judiciary are soon
to be elected. The state Democratic COM
mittce, dominated by Patterson men, re-
Gently called a blanket primary for June
4 to make nominations. Enemies of Pat
terson freely charged the inclusion of the
judiciary was an attempt to WELD a club
over the supreme Court, which had the
Cooper case under advisement, and every
member of which was a candidate for re-
election. Matters were complicated by
the refusal of Chief Justice Beard and
Justices Shields and Neil to enter the
primary. They will run independently,
and now that their attitude on the
"scause celebre' is known, the question is
what will the alignment be?
1t is most complex, if the attitude of
individual members of tie court is to be
taken into the analysis. Meanwhile Pat
terson, serving his second term as gov
ernor, has not said if he is a candidate
for a third term. Many of his friends
are insistently urging him to be, while
equally strong pressure is being used to
induce him to run for United States
senator to succeed James B. Frazier. In
cidentally, Mr.. Frazier, a candidate to
succeed himself, has refused to enter the
June primary.
The statewide faction is well organ
lied and prepared to fight Patterson
wherever he lands. But they have not
as yet put forward a name to be used in
connection with the gubernatorial race.
The campaign, when it opens, is expected
to be furious.