The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1910-04-21
Tennessee's Disgrace.


fenced to Twenty Years in
the States Prison for Muir
der of Former United States
Senator Edward w. Car
mack, Almost Before Ink is
Dry on Opinion of the SUI
preme Court Affirming
Judgment of Lower Court
Sentence as to Robin Coop
er Reversed.
Nashville, Tenn, April 13.-Affirm-
ed as to Duncan B. Cooper. Reserved
as to Robin ]. Cooper.
This is the opinion of the Supreme
Court OF Tennessee in the celebrated
case in which Col. d. B. Cooper and
his son, Robin J. Cooper, were con-
victed Of murder in the second degree
for the murder of Ex-senator Edward
Carmack on the afternoon ofNovem-
Der 8, 1908. The cases were up on %
assignments of error, and the record
is one of the most voluminous ever
passed upon by the court.
To-day's decision means that Col
onel Cooper, who is now about 65
years old, must serve his sentence OF
20 years, unless he is pardoned by
Governor Patterson. The case of the
son is remanded to the lower court
and now stands in a position similar
to that before it was given the second
trial
/ Justice Shields and Neil affirmed
the decision of the lower court as to
both.
Chief Justice Beard and Justice Bell
reversed as to both.
Justice McAllister affirmed rs to
tColonel Cooper and dissented as to
Robin Cooper.
The opinion of the majority was
read by Justice Shields and was be,
gun at 9:49 and completed at 1915
and included 76 pages oftypewritten
matter.
''In this case the opinion was pre-,
pared by the Chief Justice, which was
presented to the court in the last
few days, and, a majority of the
court not cOncurring in aH-of it by
direction OF that majority, l have
prepared the opinion, and now, by
like direction present it"
These were the words which Justice
J. K. Shields, of the Supreme Court
used this morning in reading the first
onini0y ron Iaro1 in +ha E., C,,S no @ n
acquainted the waiting crowd that
filed the Supreme Court room that
the celebrated case was about to be
decided finally and that there were
two opinions. He began reading al
$40 and took up in order the % as
signments of error which had beer
given by counsel for the plaintiffs in
error in ground for reversal of the
sentence of 20 years in court below.
The reversal in the case of Robir
Cooper was based on assignments o
error in the trial judges failing tC
charge separately as to Robin Coop
er's theory of self defense, linking tht
defense of the two defendants togeth
er, excluding testimony OF Governor
Patterson as to talks with Robir
Cooper and advice given him as to
Colonel Cooper before the tragedy
and the admission of cross-examina
. tion Robin Cooper as to intent ofcer
tain State witnesses when testifyins
as to certain Incidents.
Various other assignments oferro
were on the failure OF the trial judge
to charge certain special requests o
defendants, but all were held to hav,
been fully covered, except those tha
were properly denied by the court.
The right of Robin Cooper for ;
0 separate defense was overruled in tn
opinion of Justices Shields and Mel OF
the ground that one who enters int
a difficulty where he is not the ag
gressor puts himself under the SAM
: responsibility as the one whose par
he essays to take, and there was NJ
ground for reversal.
On this point, however, Chief Jus
tice Beard, Justices Bell and McAllis
y ter dissented, and as a result come
the reversal as to Robin Cooper.
GOVERNOR PARDONS COLONEL
COOPER.
n Nashville, Tenn, April 13.-Whil
{ the Supreme Court OF Tennessee tC
] day was confirming the conviction @
: Colonel Duncan B. Cooper for th
: Staying, on November 8, 1908, in
. Nashville street, of former Unite
. States Senator E. W. Carmack, Coy
ernor Patterson wrote full pardo
4 for the defendant, declaring that i
his belief Colonel Cooper was no
j guilty.
& Although it was believed by man
: that the chief executive would tax
s this action, the pardon, coming S
8 soon as the action OF the court, or,
ated a sensation.
q Colonel Cooper was still at the cal
s itol when the pardon was entered
s the Secretary OF States Office. Il
. was at once surrounded by a crow
OF friends seeking to congratulate
8 him. The reversal in his sons cas-
s. seemed to please him to the exclusio
4 OF his own freedom.
} 81 wanted Robins vindicatio
mOTe Iudu WduGeu paFOOn, "o
his remark when told OF the Cover
n oF's action.
Colonel Cooper is the close persona
and political friend of Governor Pa
terson, who is the leader of the ant
prohibition forces in Tennessee. Ca
mack was the chief of the prohibitio
movement. Patterson was an impo
tant witness for the defense at I'll
trial OF the Coopers for the killing
Carmack.
The situation is tense tonight, b
cause OF allegations by friends of Ca
mack that politics entered into tt
case. 1t is probable that Rob
Cooper will never be retired, it
said.
Governor Patterson, in pardonil
n ~