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OF CARNACK'S DEATH
MRS. EASTMAN, EYE-WITNESS,
TELLS OF KILLING.
Trial of Slayers Begins in Earnest
State Outlines Presentation
Of its Case.
NashivUie, Tenn., Feb. 16.-Filled
with dramatic incidents and marked
by scenes that bordered on the sensa
tional, -the frist day of the actual trial
of the Cooper-Sharp case closed to
night with both sides claimirfg to be
well satisfied with t'he progress made.
Whether Col. Duncan B. Cooper,
Robin J. Cooper and John D. Sharp
killed Former Senator E. W. Carmack
in self-defense or as a result of a con
spiracy is tihe great issue.
The taking of the testimony began
with every seat in the big new court
room occupied. Scarcely had the at
torneys been rapped into order than
sensation No. 1 was produced. Mrs.
E. W. Carmack, the slain senator's
widow, was half carried, half assisted
into the room. - She was gowned in
deepest mourning. She is petite and
slender. Her black veil fell nearly to
1her feet. Her knees gave way as she
nee.ed her seat and she was moaning
as she was placed in 'her chair. Her
ittle son, Ned, aged 10, stood by his
mother, patting her shoulder and try
ing to keep back -is ,tears.
Surprise No. 2 eame when the State
called Mrs. Carmack as its first wit
ness. A few questions were asked
her, but she became hysterical and
was excused. She was not in Nash
ville at the -time the tragedy happen
Sensation No. 3 followed Mrs. Car
mack's leaving' the stand. As Mr.
Lander and her sister half carried the
fainting, sobbing little woman to her
chair. Ned Carmack turned squarely
towards .where the defendants sat -and
fixed upon bhem a look as full of
hatred as it is possible to imagine.
Then came the testimony of Mrs.
Eastman, the star witness for the
State. Mrs. Eastman is nearly 60
years old. Her hair is snow white
but her features are -those of a girl
and she is graceful and active. When
called upon to do so she seized -the re
volver said to have been found near
The dead editor's body and reenacted
the tragedy. When sihe had finished,
her breathless spellbound audiene
seemed to feel that it had witnessed
thbe tragedy and at least one speeta
tor broke into -applause.
Her cross-examination was severe,
but she held her own, smiling and
When The attorney general read the
indietment and as he reached the
wor'ds "did willfully, maliciously and
with malice aforrethxought, slay an~d
murder the body of E. W. Carmack''
the widow collapsed and the eyes of
Lthe two daughters of Col. Cooper,
who sat near the defendants, filled
The State called its witnesses and
swore them. The defense waived this
privilege with a statement that at the
proper time. their witnesses would be
"Call the first witness,'' said the
Then, to the surprise of every one,,
Attorney General MceCann said,
"Call Mrs. Carmack.'' The widow
was carried to the stand by Frank
Lander. She told her name and her
~husband 's occupation in a trembling
'WThen did you last see your hus
"Oh, God! Oh, God!'' she sobbed.
"On Sunday, -the day before he was
For several momrnents she was un
able to speak, her agitation was so
"-When did you hear from him
"'By telephone on Monday a little
while be- sore he was killed.''
"What was that conversation?''
The fedense objected and was sus
The defense declined to cross-ex
-amine M-rs. Carmack and she was led
back to 'her seat.
The State next called E. B. Craig,
former State treasurer. He saw Col.
Cooper the evening of November 8 by
"After dismissing the person-al
matter which led me to Col. Cooper,
the latter began to discuss tihe editor
ials in T'he Tennessean. I soon learn
ed that Col. Cooper was greatly agita
ted and very angry. He said: "I -am
an old man, a private citizen and it
makes little difference whether I go
or not, but if my name appears again
in The Tennessean, either I or S-ena
tor Carmiack must die.' He said h.e
had writen Carmaek a note that
-ouild not be misunderstood.
"I told Carmack what Cooper had
said. I then returned to see Col.
Cooper and told him of my errand. I
said: 'Colonel, I can accomplish noth
v-iat reply did the defendant
" 'Then, by God, this note goes!
The note 'referred to was tile one
written by Col. Cooper to Senator
Carmaek threatening the latter with
death if the editor referred to him
The court refused to let Craig tell
'how Calrmaek received the informa
tion about Cooper's attitude or say
that Carmaek expressed regret.
The State next introduced in evi
d-ence The Tennessean of November
9. containing ifihe editorial which led
to the killing, and which, referred to
Cooper as the "diplomat of the Zwei
. Craig said he did not know wheth
er Carmack ever 'received the note
.that Col. Cooper said would not be
The defense passed oross-examina
tion until later, and Mrs. Charles H.
Eastman, who was speaking with
Senator Carmek whren he was kill
ed, was called.
She told how she met Carmack on
the day he was killed and identified
the exact spot.
"We Have the Drop on You."
"We have the drop on youfww
"We were walking very slowly and
we met about .two feet from the wall
which divides the Polk flats from Othe
adjoining property,'" she said.
"Senator Carmack came swinging
along. His eyes lighted up with a
pleasant look of recognition as
though about to stop and talk. We
stopped together by mutual agree
ment as it were. He was a little sonth
of me. He raised his hat and 'held it
and was looking down into my eyes in
a listeniig attitude. His hat was in
his right hand, above 'his head. and
cigar in his left -hand. I had begun
a sentence and he was absorbed in it,
when from behind me came a voice
saying: 'Well, here you are. We have
the drop on you now.'"
"-Did you see any one?'"
"No sir. The voice came from be
hind and very near 'to me."
"What did you do?"
"Nothing. I saw Mr. Carmaek,
with -hat still raised, look over my
shoulder with a look of surprised in
quiry. As he did so he ran his right
hand back into his -pocket and drew
slowly a pistol. It seemed to catch.
aq4~ uaq.-t -aej Si oT %pur- Xtm qnd I
voice began again behind me and it
" 'You cowardly scoundrel biding
behind a woman's skirts, are you?
Get out you dastard.'
"When I saw the revolver, I
jumped ito one side and turned.''
"What position did the revolver'
occupy in the senator's hand?"'
"It was upside down. That is, 'he
'held it by the barrel.''
The prosecutor sent for the revol
ver 'and the beautiful witness gave a
dramatie illustration of itihe senator's
"I put up both hands,'' she said,
"and j'um'ped back like this. I heard
the shot and turned; thought I recog
ni.zed Dr. White as the man with the'
revolver' and I 'screamed and like
this: 'My God, my God! Doctor,
don'"t shoot. Oh, don't, please
don't.' I then recognized that it was
" Then I shrank against the fence
and saw young Cooper and at the'
same time heard 'two other shots fir
ed so rapidly ithat I thought they'
"Young Cooper was standing near
me, 'his arm extended as though in
the act of firing a pistol. I was fear
fully wrought up. Senator Carmack
was lying in the gutter in a pool of
blood and I turned and denounced'
"What did you say?''
"I said he was a brutal murderer;
that 'he h'ad staken advantage of my
presence to kill a man without giving
him the chance of a dog; that I'd
rather be the dead man in the gutter
than to be 'him.''
"What did tVhe boy do ithen?''
"He walked over, looked down at
Carmack's body for a minute, then1
walked to his father and put his arm
around the latter. They walked away.
Up to the time I went to the Polk
flaits I did not know that the son was
implicated in the shooting.'
Held Pistol in Barrel.
The witness, in answer to quiestions,
said when Senator Carmack fell he
still had the pistol by the barrel, up
side down, elumsily in his 'hand. Slre
also said that after the shooting
y'oung Cooper pulit something into his
pocket undl(er his overe'oat.
During t he dramnatic recital Mrs.
Ca.rm'ack lowered .her veil and .put her
head on 'her sister's breast. Two of
her friends fanned her while ancther
held her hands.
After -the noon recess Gen. Wash
ington began to eross-'examine Mrs.
Eastman. The witness was perfectly
at ease. The qjue5ions5 were aimned t(o
show that Col. Cooper could see Sen
ator Carmack drawfl his revolver' and
that as 'he did so Car'mack stepped
to one side, so that she was directly
between shim and Col. Cooper.
"I think Mr. Carmack started to
wa Coi Cooner and between :the
vo!Ell)II anmd R,)]bin Cooper. I know
iioxx tiat Mr. Carmack was shot froi
behlind by Robin Cooper and turned
out into the street,'' said the witness.
"You did not see Col. Cooper fire
a shot or have a weapon in -his
"You did not see Robin Cooper fire
a shot or ihave a weapon in his
"And yon did not see Senattor Car
mack fire a shot?"
"Is your sight good?"
" Splendid, thank you, general,"
retorted the witness smiling.
"You saw .the pistol and heard the
voice and you thought there would be
"Who did you think would fight?"
"I presumed ithat the man behind
m;e who called the senator a cowa-rd
and told ihim to get out from behind
my skirts would fight and presumed
Senator Carmack would defend him
self if he got a chane.'
Gen. Washington presseJ thli wt
ness*to tell how long it would ta-e to
turn a pistol into position from bar
rel to handle. She declined to sa.
and, pressed, a'rose dramatieally and
"As far as I know Mr. Carmaek
never reversed -that revolver, but fell
dead with it held by tihe barrel in ihis
Sticks to Her Testimony.
At 3 p. m. Gen. Washington con
eluded and had not made the witness
contradict herself in even the slight
est detail. The State then questioned
her a little further to prove that the
erime was committed in Davidson
county, Tennessee, and then excused
When she left the stand Mrs. East
man went directly to Mrs. Carmack's
seat, put her arms around the widow
and kissed her affectionately. Both
women iburst into -tears and cried for
a moment in one another's arms.
John Tindall, aged 12, a newsboy,
said 'he saw Col. Cooper and Robin
a block away from the scene of the
shooting about half an thour before
the .tragedy. He heard Col. Cooper
say either, "We will get him,'' or
"We will cateh it."
Dr. James Wittenberg, an oculist in
the Areade, saw the Coopers pass
through that passage about 20 minu
tes before the shooting. With themn
was Jdhn D. Sharp, 'the third defend
ant. Tihe trio turned -up Fifth eavena.e
and then on Union street in the direc
tion of the scene of the tragedy.
Ca-rey Folk, a brother of Gov. Folk
of Missouri, next carried the three de
fendants up Union street to within a
few feet of Seventh avenue, where
he saw them stand and talk. He
heard Robin Cooper turn and ask his
father, "Are you going up this
way?'' pointing up Seventh avenue
and away from the scene of the trage
dy. Col. Cooper replied: "No, I'll
wait a while yet.'' Witness had gone
noe quite a block whren he heard shots.
Hugh Morton ,told of the Carmack
Taylor campaign for senator three
years ago, during wvhich he said he
h:ad 'heard John Sharp say:
'Since Carmack came into -politics
here we have had no4thing but trou
be. The - should have
been in hell 20 years ago.''
Mfrs. Emily Blake, a stenographer,
testified to seeing the two Coopers
going into and leaving Attorney
Bradford a short time before the tra
gedy. and said that young Cooper
looked very excited.
The defense did not cross-examine
Immediately thereafter court ad
journed until 9 a. m. tomorrow.
Cooper Trial Waxes Warm.
Nashville, Tenn., February 17.
Marked by hitter quarrels between
attorneys and by -new and startling
testimony, the second day of the
Cooper-Sharpe t.rial for the murder
of former Senator Carmaek closed to
night with ithe State highly e1ated
and tihe defence visibly perturbed.
The tension between the factions has
tightened visibily, too. This is indi
cated in the cour-t room by bitter p)as
sages between opposing counsel -and
outside by more bitter talk by par
tisans. While it was clearly a field
day for the prosecution, it must be
remembered that the testimony was
given by the State 's witnesses only.
and th-? the defence is yet to be
Ther-e were tihree s,tar witnesses,
and all of them women. Miss Mary
Skeffiington, the State librarian, and
a young woman of excellent position
socially, was the first. She told 'how
on the day of the murder she left
the State library and walked down
7th avenue, when within two hundred
feet of the scene of tihe shooting she
met John Sharpe, one of the de-fend
ants, whom she had known for ten or
twelve years. ~Just as she greeted 'him
she heard th>ree shots and asked
Sharme what it meant. WX'itihiout turn
ing around to learn, she says, Sharpe
nreled- "T'si Dune Cooner shoot
Basis for Conspiracy Charge.
By the second witn,?ss, Miss Daisy
Lee, the State laid the foundation on
which it will base its contention that
ithe slaying of Carmack was the result
of a conspiracy. Miss Lee is a sten
ographer in the office of James Brad
ford, one of the attorneys for the de
fence. Robin Cooper had his office
with Bradford's law firm. Miss Lee,
trembling with fright and almost sick
with worry, told how, on the morning
of November 9, the day of the trage
dy, when she arrived at ithe office she
found Col. Cooper already there in
conference with -his son. She heard
the colonel denounce Carmack for
using his, (Cooper's,) name, and de
elare he had right to proteet himself.
Later she beard Col. Cooper apply to
him, (Carmack), epithets so vile that
she icried whenordered to repeat them.
The court permitted her to write
them, and when they were read she
covered her face with her hands.
'Kiss Lee then told how at 3 p. in.
there began a conference in Bxad
ford's office between the two Coopers,
Bradford and Adjt. Gen Tully Brown.
This conference lasted until 4 p. m.,
when it broke up and the Coopers left
together. She said that there was a
look of worry and trouble on the
boy's face that sihe had never seen
What Stenographer Heard on Phone
Miss Lee's duty among other things
was to answer the telephone. There
are desk extensions into the private
offlees of ithe members of the firm. It
was her custom to answer the tele
phone and call by an electric button
such members of the firm as were
wanted. A half hour after the Coop
ers left the office the telephone rang
and, as usual, Miss Lee answered it.
She heard a voice say, "Is that you,
Jim?" and heard Attorney Bradford
She hung up her receiver, but not
before she recognized the voice as
that of Col. Cooper. A moment later
she heard Bradford say over the tele
"And did Robin kill him? Well, I'll
be right up there.'" She insisted
that Bradford was not in the habit of
answering the telephone unless called
by her. It appeared to be the intent
oIL the State to have the jury believe
that . a conference to slay Carmack.
was held and that the killing resulted
from this conference.
The .third sta'r witness wa's Miss
Donie Braxter, a maid sin the service
of Mrs. Lucius Buneh, a daughter of
Col Cooper, with wvhom he made his
home. The witness 'heard Col. Coop
er come into the Burch home about
noon the day of the tragedy and
heard 'him tell Mrs. Burceh something
that greatly excited the young wo
man. She heard Mrs. Bureh say:
"He will kill you, papa,'' and the
father's 'reply, "He is as liable to be
killed as I am.''
Whatever followed caused Mrs.
Burch to become hysterical.
The defence made little effort to
cros-examine these witnesses except
in a most perfunctory manner, and
court adjourned with the testimony of
the State's witnesses practically un
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