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

H~ADOA@~~A AAc"A%dfSOs ~ 10
sirable nor necessary to delay action
for petition to be presented, asking
executive elemency
"1n my opinion, neither of the de-
fendants are guilty, nor were given a
fair and impartial trial, but were
convicted contrary to the law and
evidence. The actions of the Supreme
Court, in vacating the Judgment as
to Robin Cooper, leaves the sentence
OF tnal conviction as to his code
iendant. The proof showed that
Robin Cooper killed the deceased and
that d. B. Cooper did not fire shot
Without reflection upon the court, it
is ineonceiyable to my mind and re-
pugnant to every principle OF justice
that man should be found guilty of
murder, who was not in aconspiracy
to kill and who in fact did not kill"
SOME PRESS COMMENTS.
The following comments from some
of the leading newspapers show how
the action of Gov. Patterson regard
ed:
Infamous.
Charleston News and Courier
On the afternoon of November 8,
1908, Duncan B. Cooper shot and
killed Ex-senator Carmack on the
streets of Nashville, in sight of the
capitol of Tennessee. Indicted and
tried for that offense, Cooper was con-
victed by jury of his peers and sem
fenced by just Judge to serve twenty
years in the penitentiary. The case
was appealed to the Supreme Court of
Tennessee, and that Supreme Court
decided yesterday that Cooper had
been given fair and lawful trial.
This decision of the Supreme Court
was concluded at 1915. At 2:1O
Governor Patterson signed II full and
unconditional pardon. the effect of
which was to make Cooper a free
man subject to no punishment what
ever.
The News and Courier has the facts
somewhat confused as to the man
who actually fired the shot that kill
ed Carmack. 1t was Robin Cooper,
the son, who did the shooting. Col.
CoOpCI AoU SlOOU OuU Iio was Ill
dicted and convicted as an accessory
and accomplice of Robin J. COOPER in
conspiracy to kill.-EDIToR.
There will be some to praise Gov
ernOr Patterson for having thus pre-
pared himself for political sacrifice to
save a friend the penalty of his crime.
There will be some who in such a
time of passion and bitter animosity
will turn to riot and mob law in de-
spair because OF the ineffectiveness of
legal machinery. And if they do who
is to blame? Will it be natural for
men of blood in Tennessee to sit still
and see justice trifed with and out
ragged? Personal vengeance should
be unknown to civilization. 1t is in
excusable in any case, but men are
not stones and this deed of Tennes-
sees Governor is SO foul a blow at
justice and at law that it will not be
strange if dire results follow it, how
ever much we hope they will not
A few years ago Governor Patter-
son was one of the most promising
of political leaders in the South. In
his hour OF trial if he could not be the
Roman and remain true to his pledge
and oath of service, why could he not
have waited reasonable time before
thus strangling decency and making
a mockery of law? 1t matters not
that in dealing this terrible blow to
law and order he stabbed himself as
we'll 1t is within the province of a
man to sacrifice himself, but not If in
the doing Of it he sacrifice the honor
Of a great State and disgrace it in
the eyes of the world. Rarely before
in the annals of the several States
has any chief executive so fagrantly
violated all sense of decency. Never
before has any Governor so openly
connived at murder and held the
courts up to scorn.
Prostltuting Law to Politics.
Atlanta Journal.
Governor Patterson's pardon o.
Duncan B. Cooper is the prostitution
of high and sacred office to the pay
ment of low political debt. 1t is
doubtful if in all American history
there can be found a more brazen in
suit to public conscience or deadliel
betrayal of the law. If ever a State
had cause for shame and indignation
it is Tennessee today.
Through long and impartial tria
Duncan B. Cooper and his son, Robin
J. Cooper, had been convicted of tht
murder of former Senator E. w. Car
mack. That conviction was upheld
by the Supreme Court of the State
Yet before the higher tribunal haC
fairly finished the delivery OF tits opin
ion, Governor Patterson, without
the grace OF a moments deliberation
trampled the work of justice to frag
ments.
Evidently the pardon was as coldly
premeditated as was the killing.
Such acts were customary and ex
pected among Asiatic oligarchs 6
thousand years ago. But among ar
Anglo-Saxon people and under G
Democratic government in the TWEEN
tieth century they are amazing. Il
. is hard to say whether the boldness
| or the badness of this governor
. conduct is the more conspicuous
One might have thought that pru
dence for himself, if not regard for hi
} office, would have deferred, or a
least, have delayed him for respect
able season. But before the words wer
out OF the Judges mouth, before the de
J cision of the court could be transmit
ed, he stepped in, as Malcolm Patter
son rather than as Governor of Ten
nessee, and freed absolutely a MAJ
convicted Of one of the graves
: crimes against the State.
: When politics supersedes law, whel
] political machines are substituted TO
: courts, then surely the people of
e commonwealth have cause to b
1 alarmed. It is true, according to th
record,-that Colonel Cooper was
= staunch ally of the Patterson cam
: and a close friend to Mr., PattersO