Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-04-15
Was Primary Held as Axe
Over Heads of Cooper ludqes2


NASHVILLE. Tenn, April 14.-The SUI
preme court this afternoon reduced the
bail OF Robin Cooper, whose sentence of
20 years for completely in the murder of
former Senator Carmaek, was reversed
yesterday. from $4,000 to $4,000.
Nashville has quieted down after yes
terday's excitement attending the SUI
preme courts action and the governors
subsequent pardon in the case of Col
Duncan b. Cooper. sentenced to 20 years
in the penitentiary for murder of for
mer United States Senator f. w. Car
mack. but the cases continues the sole
topic OF. conversation. Although there
was much excited comment on the
streets and in public places until late
last night, there has at no time been any
indication of anything approaching dis
order. Col. Cooper spent the night at the
home of Lucius c. Bureh, his hrother-in-
law, while Robin, whose case has been
remanded for a new trial was the guest
Of his uncle, sJames c. Bradford. Both
principals have thus far declined to make
any public statement
PATTERSON WON'T TALK.
Governor Patterson. whose pardon of
Colonel Cooper furnished the chief fsa-
ture of yeseFday's exciting events, has
made no comment on his action and has
denied himself to all interviewers.
The case of Robin Cooper, who is at
liberty on a $4,000 bond, will be taken up
at the May term of court, according to an
announcement by Attorney General Nc
earn. The opinions handed down yes
terday by the supreme court are velum-
inous making neeless than six solid news
pages. II is thought here that perhaps
nobody but the legal profession will
wade through the many columns, but
that I'm the country districts, where time
is not so pressing. the people will read
the courts expressions in full.
PRIMARY is NEAR.
Meanwhile, with a primary to make
nominations for governor and the state
judiciary less than two months off,
the political cauldron boils. This pri-
mary, which is a decided innovation, as
IL concerns the state judiciary, was call
ed some time ago by the state Democrat
ie committee, which is dominated by
Patterson men. Enemies of the gov
eFnor used the calling of this primary,
embracing as it does the nominations
for supreme court judges, as an attempt
by the chief executive to hold an axe
over the supreme court which had the
Cooper case under advisement at the
time the call was issued.
Every member of the court was at that
time a candidate for reelection. Since
that time ChieI Justice Beard ana JUS
tices Shields and Neil have declined to
enter the primary, and announce that
they will run Independently. AS to the
governorship, the campaign will, it is
thought, be waged on the prohibition
issue, and the candidate will find lodged
against him a large statewide prohibi-
ton faction.
To the p assignments of error alleged
by counsel for Duncan B. Cooper, JUS
tice Shields interposed answers in the
notable decision, oveTruling the assign
ments as a ground for a new trial.
EVIDENCE REVIEWED.
The evidence was also carefully review
ed I'm rebuttal of the contention that the
evidence did not justify the verdict The
theory Of the defense was analysed es-
peeialy as to the subject of withdrawal
of attack and many old principles of the
criminal law in Tennessee were re-stated.
Exceptions to the charge In the court
below were numerous and related to
failure to charge as requested and TO
certain parts Of the charge as delivered.
In every case Il was held that no error
had been committed by the trial Judge in
his rulings.
While the opinion Of Robin Cooper.
delivered by Chief Justice Beard, par
took of the nature of a dissenting opin-
ion, 10 was also an independent decision
in that the relation OF father and son
made the position Of the two principals