The Tupelo journal., 1910-04-22

Nashville, Tenn.-In the case OF Col.
Duncan b. Cooper and Robin j. Cooper,
father and son, convicted of killing tor
mer United States Senator Z. w. Car
mack on the streets here, Nov. 9, 1905,
and sentenced to twenty years each IN
the state penitentiary, the Tennessee
supreme court Wednesday morning, by
a divided vote, affirmed the sentence as
to ID. B. Cooper. As to Robin Cooper
the case, also by a divided vote, is re-
vcrsed and remanded to the lower court
for a new trial. While Chief Justice
Beard was reading a dissenting opinion
in the case of Duncan B. Cooper, Gov
ernor Patterson wrote a full pardon Tor
the defendant, in which he declares:
Being thoroughly familiar with the
record, having read all the testimony
and testified to certain facts within my
personal knowledge, it is neither de-
sirable nor necessary to delay action
for petition to be presented, asking eX
ecutive clemeney.
I'm my opinion, neither of the de-
PENDANTS is guilty and they nave not
had a fair and impartial trial, but were
convicted contrary to the law and evil
dence. The action of the supreme court
in vacating the Judgment as to Robin
Cooper, leaves the sentence of final con
viction as to his co-defendant. The proof
showed that Robin Cooper killed the
deceased and that ID. b. Cooper did not
co. clo@ XA-.{Io,t raAaotion 1,pou fhe
court, it is inconceivable to my mind
and repugnant to every principle of JUS
tice that a man should be found guilty
of murder who was not in a conspiracy
to kill, and who, in fact, did not kill"
The reversal in the case of Robin
Cooper is based on assignments of error
in the trial judges failing to charge sep
arately as to Robin Cooper's theory OF
self-defense, linking the defense of the
defendants together, excluding testimony
of Governor Patterson as to talks with
the defendant, Robin Cooper, and ad
vice given him as to Colonel Cooper be-
fore the tragedy, and the admission OF
cross-examination of Robin Cooper as
to intent of certain states witnesses in
t~estifying as to certain incidents.
Wanted Robins Vindicaticn.
Colonel Cooper was still at the capitol
when the pardon was entered in the
secretary of states office. He was at
once surrounded by a crowd of friends
seeking to congratulate him.
u wanted Robins vindication more
thaa l wanted a pardon was his smil'
ing remark when told of the governors
action in behalf of himself. Leaving the
crowds gathered about him, he entered a
carriage with his daughter, Mrs. Lucius
i. Burch, and his sister-in-law, Mrs.
James c.. Bradford, and. accompanied by
Marshal Robert Marshall, was driven to
the county jail, where formalities in con
nection with the pardon We're gone
through with and he was released. He
reached the Jail at 800 p. M, leaving
there about $3.50.
Robin Cooper is under a $4,000 bond.
His friends freely predict that he will
not again be arraigned for trial. Should
he be, it would be a most difficult I'M
dertaking to secure a jury in Davidson
county under the laws requirements.
Courtroom Was Packed.
The opinions were read before a court
room packed to suffocation, the corridors
being crowded with those unable to gain
entrance. Every word was listened to
with breathless interest, and the scene
was a memorable one. 1t marked an
epoch in not only the legal annals of the
state, but the political as well. The
Democratic party of Tennessee has been
rent into bitter factions over the prohi-
bition question, and, as a wheel within
a wheel, 'the Cooper case" has played a
conspicuous part. Cooper is the close
friend and alleged political adviser of
Patterson, who is the leader of the anti
prohibition forces in Tennessee. Carmack
was the chief of the prohibition move
ment. Patterson was a most important
witness for the defense at the trial of
the Coopers for the killing of Carmack,
whose death his friends allege was the
outcome of political Vaccination. Now,
on the verge of an election of the iudici-
al thC ouPiCIlC was CdllC III W
pass finally on the case over which it
seems the party factions have actually
aligned themselves on one side or the
other. For sixty-nine days the court
has had the case, and the state has
been on the tiptoe of expectancy as the
opinion days came and went without its
being referred to.
The announcement at last shows an
interesting status to those familiar with
the intricacies of the political situation.
Chief Justice Beard and Justices Nc
Alister and Bell reverse the case as to
Robin Cooper, Justices Neil and Shields
dissenting.
Justices Shields, McAlister and Neil
confirm as to Colonel Cooper, Chief JUS
tice Beard and Justice Bell dissenting.
The supreme court was more widely
divided than it ever was before. Two
of the most elaborate opinions ever rem.
dered were handed down, and neither one
of them, strange to say, actually accom-
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