The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1910-04-16
PARDON COOPER
The Man Who Assassinated Ex-senator
Carmack is Set Free by
PARTIzAN GOVERNOR

Who Signs Pardon Before the opin.
ION OF the Supreme Court Sustain
ing the Verdict Of Guilty in the
Lower Court as Read to the End
by the Judges.
IA dispatch from Nashville, Tenn,
says sensation equalling that which
infamed in November, 1908, when
former United States Senator Ed
ward Ward Carmack was shot and
killed on prominent street in Nash.
Vile, was created by the pardonipg
by Governor M. R. Patterson, We'd
nesday of Col. Duncan B. Cooper
who, with his son, Robin ]. Cooper
was convicted of the murder of Car
mack.
The issuance OF the pardon on the
Governors own initiative without a
formal petition before. him, followed
quickly the reading Of the opinion
of the Tennessee Supreme Court sf-
frming the verdict of guilty in the
case of Col. Cooper, under sentence
of twenty years in the penitentiary'
and reversing the lower Court IN
the case of Robin Cooper, who was
sentence to like period for the
Carmack murder.
Governor Patterson wrote the full
pardon for Col. Cooper and filed II
with the Secretary of State, while
Chief Justice Beard was yet read
ing a dissenting opinion in the case
of Col. Cooper. In statement CIV
en- to the press almost Immediately
the Governor said: "In my opinion
neither of the defendants is guilty,
and they have not had fair and
impartial trial, but were convicted
contrary to the law and the evil
dence."
The news of the Courts action
and that of the Governor in pardon
ing Col. Cooper spread quickly over
the city, causing intense excitement
and heated discussion. by numerous
groups of partisans. The conviction
and sentence of Col. Cooper was af-
firmed by divided Cou,t. In an
entirely different line up, IT the JUS
tices, the Court split as to the guilt
of fRobin Cooper, by vote Of 3 to 2
the lower: Court being reversed and
the case remanded for a new trial
The reversal in the case of Robin
Cooper is based on assignments OF
error in the trial Judges failure tc
charge separately as to Robin Coop
er's theory of self-defence, linking
the defence of the two defendants
together; excluding testimony OF
Governor Patterson as to talks WITH
Robin Cooper, and advice given him
as to Col. Cooper before the tragedy;
and the admission on cross eXamina'
ton of Robin Cooper as to the in
tent of certain States witnesses in
testifying as to certain incidents.
Col. Cooper was still at the Cap
ital when the pardon was entered in
the Secretary of States Office. He
was as calms and even cheerful
through it ali, as if he had received
an acquittal. The reversal in his
sons case seemed to interest and
please him to the exclusion OF his
own fate.
"I wanted Robins vindicatlor
more than I wanted a pardon, was
his smiling remark, when told Of
the Governors acton in behalf Of
himself. Leaving the crowds gath
cred about him, he entered a car
riage with his daughter, Mrs. Lucius
E. Burch, and his sister-in-law, Mrs
James C. Bradford, and accompanied
by Marshall Robert Marshall, was
driven to the county Jail. where for
mIalities in the connection with the
pardon were gone through with ano
he was released. He reached the
iail at 2:2O P. M, leaving there
about 2.30 for the residence of his
daughter, Mrs. Burch. Robin Coop
er is under a $4,000 bond. His
friends freely predict that he viii
not again be arrained for trial
Should he be, it would be a mos
difficult undertaking to secure a Jur!
in Davidson County under the law:
requirements.
The opinions were read before
Court room packed to suffocation
the corridors being crowed with those
unable to gain entrance. Every wore
was listened to with breathless in
terest, and the scene was memor
able one. 1t marked an epoch II
not only the legal annals of th'
State, but the political as well. Tn
Democratic party of Tennessee ma
been rent into bitter factions owe
the prohibition question, and as
wheel within a wheel, 1.-The Coope
case" has played conspicuous part
Cooper IS the close friend and al
legged political adviser of Patterson
who is the leader of the anti-prohl
bition forces in Tennessee. Carmacl
was the chief of the prohlbltlol
was the cheif of the prohibition move
ment. Patterson was a most lmpor
tant witness for the defence at tn
trial of the CooperS for the killing o
,,, r., tho outcome Of nOliti