Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-02-04
CooperS Gould Not Secure
Fair Jury, Is Wright'S Claim

NASHVILLE, Tenn, Feb. 3.-The final
appeal for a motion for a new trial was
made before the supreme court today by
Gen. Luke Z. Wright, in behalf of Col.
d. B. and Robin Cooper. convicted of the
murder of former United States Senator
Z. w. Carmack, and sentenced to penal
servitude for 20 years. The former secre-
tary of war, governor general of the
Philippines and ambassador to Japan, is
very popular man in Nashville. His
friends, or several thousand of them, de-
cided to hear his argument.
Inasmuch as the little court room only
holds about 300, there were many disap-
pointed. The corridors of the capitol
and even the stately approaches were
crowded by men and women who, despite
the drizzling rain, stood patiently in line,
hoping that some of those within would
tire and leave, thus making room for
others.
MRS. BURCH PRESENT.
For the first time since the arguments
began, Mrs. Lucius Burch, daughter of
Colonel Cooper and sister of Robin, whose
devoted attachment to her favorite broth
er was one of the features of the trial.
appeared in the room. She took chair
behind her father and where she could
keep her hand on her brothers shoulder.
General Wright in opening, said:
May it please your honors, at the
thr eshold of my argument in the case at
bar, 1 wish to make reply to the criti-
cism of the learned attorney general on
our 1ugging into the case, as he put
it, politics. l fail to see upon what
ground he based his criticism. We did
say that the quarreI mad its inception in
politics; that Senator Carmack led one
faction while Colonel Cooper supported
Governor Patterson. who headed the 9TH
er one"
JURY NOT IMPARTIAL"
General Wright went on to describe the
situation leading up to the Staying and de-
clareo because of the political feeling,
that it was impossible to secure a fair
and impartial jury of intelligent men.
He claimed that the reference was made
not to have its effect upon the supreme
Judges but for the opposite purpose. He
deprecated the fact that the attorney
general had seen fit to appeal to the
court to do it's duty without regard to po-
litical influences.
He said he would discuss the facts pe-
cause he was convinced that the prepon-
derance of evidence was in favor Of the
accused and therefore tended to show
that the verdict was not supported by
the testimony. He devoted much time to
the claim of the defense that the trial
courts charge was prejudiced and full of
error.
General Wright paid a glowing tribute
u Senator Carmack's genius, versatility
and cleverness, but said he possessed the
dangerous gift of sarcasm and invective
without the sense of responsibility which
made him use his power as a weapon
of offense against those who fell uE~er
his displeasure.
ct AT2TV Ign
General Wright startled even the
states attorneys by frank admissions
He said that Colonel Cooper lost his
head" used imprudent language" and
said things he should not have said. ="
but he argued that Carmack forced the
issue He derided the idea advanced by
the state, that if Cooper threatened, IF
my name appears i'm the Tennessedn
again one or the other of us must die. ="
there was no alternative for Carmack
except to print.
They say that Carmack was a Ten
nessean,'" said Wright, "and no Ten
nessean could Jivt IN the state after sub
hitting to such threat.
II here's a lot of idiotic drive released
I'm such cases. They talk of Tennesseaus
and southern men. Well, what they are.
are American citizens, and American
citizens are pretty much the same
wherever they are found.
But Carmack was a disappointed and