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CARMACK'S SLAYER TESTIFIES
Young Man Who Did the Actual
Killing Describes the Tragedy
Makes Strong Impression on
Jury and Spectators
X-Ray Brought in
Nashville, Tenn., February 20.
This was the defence's day in the
trial of Col. Duncan B. Cooper, Robin
J. Cooper and John D. Sharpe charg-1
ed with ithe murder of former United
States Senator Edward W. Carmack.
Only one witness was examined, the
boyish defendant, Robin J. Cooper,
and he made a -splendid witness.
When court opened it was expected
that -the State would offer one or
more of its missing witnesses. At least
three arrived last night, but the at
torney general decided either not to
use them at all or to save them for
his big conspiracy fight in rebuttal.
Both sides seemed sparring for time
at the opening of the day's session.
Finally the State's attorneys appear
ed. Then the defence asked for thir
ty minutes' indulgence and took ax
'hour and a half. It was presumed
that a conference was on, but in real
ity the time was required in order
that an X-Ray photograph might be
taken to learn if the bullet whidh
Robin Cooper received in the should
er was stil ther. Dr. Fort thought
it was and so testified. However, the
day after the shooting Robin Cooper
found a bullet in the bed near his
- knees at the St. Thomas Hospital. It
was a 38-ealibre bullet. The gun
found near Senator Caamaek's body
with two empty shells is a 38-eali
bre. The defence evidently wanted
to be sure that the X-Ray showed no
bullet in Robin's shoulder before
-hey produced the missile found in
the boy's bed. In this connection the
State has an iftteresting theory that
the revolver found near Carmack's
body was not the one foced upon the
dead editor by one of his staff a few
hours before he was shot. The one
picked up is a blue stell 38-ealibre.
CoL Cooper's revolver, secured a- day
or two later, is a nickelled 38-ealibre,
and apparently had never been dis
A Good Witness
As soon as the X-Ray plate had
been developed and diselosed no trace
'of a bullet the defence announced it
was ready and called young Cooper
toithe stand. The.boy is aslender,
erect, clean-cut, highbred type of -a
young man. His features are deli
eate, almost feminine, -but bhe carries
shimself in an erect and manly fash
.ion, and there is nothing effeminate in
!his manner. His voice is soft and
'well cuitivated. He speaks slowly,
-ahnost with a drawl. He answered
every question with a deliberateness
and caution that at times seemed to
exasperate -his edunsel, Judge Ander
son, and p-ut him in the light of an
~unwilling -witness. But there is no
doubt that his evident sincerity and
disinclination to take advantage of a
situation made a very strong impres
-sion on both jury and spectators. His
eross-examination was postponed un
til Monday, -when it will consume pro
bably most of 'the day.
He said that he practiced :law in the
office of his uncle, James Bradf!ord,
and that on November 9,.-the day of
'the Carmaek shooting, his father call
ed 'at Bradford's office in the fore
noon. Young Coo-per, who gave his age
as twenty-seven, referred -to this fath
-er -as "papa.''
"When papa told me,'' he testi
fied, "'he was afraid he was gzoing to
have trouble with Mr. Carmaek.''
After a long argumenit of -counsel,
Cooper was a.llowed to explain such
parts of his conversation as had been
previously testified to by Miss Lee,
-who said she overheard -parts of the
conversation. T-he witness continued,
speaking of his father:
Carmack Attacked <Elder Cooper.
"He said he was afraid of trouble.
I asked -him why. He sa-id in sub
stance that Mr. Carm-ack. in his pa
'per, had been printing editorials at
tacking -his character, and as he put
it, shooting poisoned -arrows. He
said it wa-s becoming unendurable. He
said he h-ad seen Mr. Craig the night
before -and told hbim to tell Carmack
that -he must cease using his name in
his paper. He said Mr. Craig return
ed -and said he -had seen Carmack, but
Carmaek would -agree to nothing.
"As I remember it. Mr. Craig said
to -papa that Carmack was in a vie
ions -humor or mood.''
Robin said -his father also told
Craig to tell Carmack that unless he
-ceased using his name, the stownl was
not big enough to hold 'them both.
"I was greatly worried,'' the wit
ness continued. ''and said I believed
my uncle could -bring influence to
hear to show Ca;:maek the injustice
of his course. It was then that papa
said, 'he had no) righit to use my
name. andl I hiave a right to pro-~tect
Testimony Ruled Out.
The defenee attempted to get in
testirmonv by Robin tending to show
that Col. Cooper's waiting for Car
iack the day of the killiig Was mere
ly to protest against the use of Coop
er' s name in the paper, but this te.
timony was ruled out.
Then Judge Anderson, in an impas
sioned plea, frankly admitted why
ithis evidence was essential. The court
Robin said after this talk he tele
-phoned his sister, Mrs. Bureh, for the
purpose of getting her to find his
father and keep him off the streets.
"Why did you wish him kept off
"I feared Mr. Carmack mighit have
resented the message papa sent him,
and that there might be trouble."
"How old is your father?"
- "He is sixty-seven years old."
"And his physical condition?"
"His right hand is cripplkd, the
two smaller fingers of the hand are
bent in and cannot be moved."
"What did you do then?" asked
Cooper's counsel, again taking up
Robin's movements during the morn
"I went out and looked for papa,
but failed to find him, I returned to
my office and telephoned Governor
Patterson to ask him if he knew abont
"Did you get a pistol that day?"
Where he Got Pistol.
"I did. I got it from my uncle,
Robin Jones. I called him up and
asked him if he had one. My pur
pose in getting it was this From what
papa said, from telephone con,ersa
tions, from the messages -"
"We object to his reasor.s '" id
State Attorney General McCarn.
"Well, the message father sent
Carmack was .very strong, and, know
ing Carmack as I did, I feared he
would resent it. I could not find pa
pa. I knew aie was on the streets, so
at noon my uncle brought me thle au
tomatie revolver, I determined to
find my father, and if he must he on
the streets, to stay near him and pro
Robin testified that he found his
father, and that he induced the latter
to stay at the Maxwell Hotel until 3
p. m. The witness -meanwhile tried a
ease in court.
Robin said he did not hear hi; fifth
er using th-e violent language Mis Lee
said she heard.
At 3 o'clock he again saw his fath
er in Bradford's office.
''How long did you stay there?"'
"Until father and I left."
"Where did you father say he was
"To the mansion to see Govamnor
"Why was he going there!?"
"To .meet Governor Patterson and
Mr. Austin Cooley at Governor Pat
erson 's request."
"Who told your father that Gover
or Patterson wanted to talk to
"Gen. Tulley Brown."
"Did your father want you to go
"He did not."
'He did not apprehend any trou
le as he thought it was in process of
settlement. He did not a.pprehend
hat he would meet Carmack."
"Had you received any informa
ion as to what --was the result of the~
enference in B'radford's office whied
eosed at 4-p. in?"
"Yes, papa had agreed to refrain
from sending the note and to disre
rard the -"
.The State 's objection to finishing
his sentence was sustained.
Started to See Governor.
Witness detailed the walk from
Bradford 's officee to the scene of the
shooting. They stopped at a drug
store, brought some soda water and
alked on up towards the Arcade.
"Papa spoke to several people on
the way. I saw John Tindall, the
ewsboy, but neither of us said any
thing about 'getting' any one.
"At the middle of the alley inte:r-.
epting the Arcade we met John D.
Sabrpe and Representative Matthews.
We stopped and ta:lked. I had not
seen Mr. Sharpe for a long time."
Wit.ness said they walked on in the
direction of the Governor's Mansion,'
Mr. Sharpe accompanying them.
"Were you expecting .to meet John
Sharpe :that day ?"
''We were not.'
"When we got to Vine street. or
th avenue, I saw Mr. Carmae'k down
n 7th avenue, near Chureh street, a
block away. I turned to Mr. Sharpe
and said : 'There comes Senator Car
mak: don't let papa see him.' I
whispered, and then to papa I said:
'Let's hurry up, papa.'"
"When papa came up to me I got
him by the arm and turned -toward
the governor's Mansion. I began to
hurry. and he pulled away, saying:
'What'.s the matter with you.' tihen
he turned and exclaimed: 'Say, is
that Senmitor Car'nnek ? Yes. I'll go
over and talk to him now.'
'T said : 'Oh. no. papa, you mus:
"lie said : -I knoiw (armack: he
knows meL. there will be no trouble.'
I let him ga ohbmt twenty feet. I
di not k-now wat to do, then I went
Over 1' ill.
"If vou believed his mission was
xaeeftul why did you o with him?"
"Because he was my father and I
believed it my duty sto protect him,
as he was unable .to protect himself."
"Did you believe Senator Carmack
knew of your father's ehanged atti
"No, sir; I knew he did not. Fath
er turned over and got on the side
walk. I followed him in the street
and got in the direction of the two
posts. Papa. was on the sidewalk, I
was in the street almost even with
"Senator Carmack was about to
pass Mrs. Eastman and was puttting
his hat hack on his !head. Papa spoke
to him .as he was passing her without
expecting -to speak. Papa said:
'Senator Carmack,' and instantly the
senator drew his revolver.
"It came out instantly, just like
this.'' The witness illustrated the
"It paralyzed me for a minute, and
I sprang towards papa as Carmack
began to back towards the pole.
"As I jumped a shot exploed in
my face. The bullet struck my neck
tie and went into my 9houlder. I
went after my gun, which was in my
overcoat pocket. The second shot
went through my sleeve and entered
the post. I slipped -around the post
and found Carmack aiming at. me
"What did you do then?"
"I began firing. I fired three times
as fast as. I could, leaning against the
post with my left hand. I saw Car
mack reel and fall, and I quit firing.
"Why did you 9top?'
"Because I saw that he was hit.
"Did your father say anything
about a coward?"
Heard Word "Coward."
"Yes, sir. As Carmack drew his
revolver and got behind Mrs. East
man, he said something about a co
ward, bidng behind a woman's
"Where was your attention een
"On Carmaek and father."
"Did you see a pistol in your fath
er's hand up to the time Carmaek be
gan to shootI"
"Did your father say -to Carmack
'now you are hiere; we have the drop
"No, sir, no such expression was
used. The only expression was about
i, coward. The whole think was over
in a minute. I jumped eight or ten
feet before I was shot and I moved
"Papa put his arm around me and
led me away.''
"Did any one fire a shot before
Senator Carmaek ''
"No, sir, Oarmaeck fired two shots
first and I fired three. That was all
that were fired-five shots.''
The Aitness t'hen described his
wounds and testifed about the X-ray
examination. Later his counsel ask
"At thre time you shot Senator
Carm'ack, did you . not believe that
our life was in danger?''
"I believe if I ,had not done so, he;
would 'have killed me. I think in an
other instant he would have shot me
Tlhe witness denied ever having
said to Chas. H. Warwick that Car
mack "ought to have been dead and
in hell twenty years ago.''
After Robin Cooper testtified that
e had know Senator Carmiaek for
manyx years and had never ''had
aught but friendly feelings for the
senator.' "the defence -announced that
they were tlrrough questioning 'him,
and court adjourned.
Recess Ta.ken in the Cooper-Sharpe
Nashville, T'enn., Feb. 18.-Absence
of somle State witnesses ani desire on
the part of the defence to arrange its
plan of proceedure, caused an ad
journment today until Saturday in
the Cooper-S'ha'rpe trial for the mur
der of former Senator E. WV. Car'
mak. The State first announced
that it rested its case in chief. When
the defence asked until Saturday 'to
prepare. and the continuance was
granted, Attorney General McCarn
announced that some witnesses would
be here by that time. and that he
would offer their tesitimony.
The State has satisfied itself with
offering testimony to prove that Sena
ator Carmack was slain in Nashville
by Robin J. and Duncan B. Cooper;
that John D. S.harpe, when he heard
the shots, knew what ithey were doing
without looking around, and that
prior to the 'killing, several confer
enees had been held. This the State
contends lays the foundation~'of proof
of conspiracy. The State stops here
andl wai.ts for the dLefence to offer its
Attorney General McCarn has sub
poenaed sixty-four witnesses, and has
usdarcely a sore. The others
The defence has not issued a sum
mons. but says its witnesses will be
present without court process. By
not issuing subpoenaes, it prevents
,the. State from knowing its witnes
ses' names. The only incident of to
day's testimony was the State's at
tempt to prove by implication that
the pistol holster found in the dead
senator's overcoat pocket was put
th'ere by one of the attorneys for the
defence, when, a few weeks ago, he
went .to the morgue and tried on the
overcoait. Two witnesses testified it
was not in the pocket when the sena
tor was killed. It was found in the
pocket by Gen. Washington, of coun
sel for the defence, when he tried on
Found no Scabbard.
The first witness today was Finley
Dorris, a member of the undertaking
firm which embalmed Senator Car
mack's body. Dorris said he examin
ed the pockets of the clothing of the
dead man the night of the killing and
again at the request of the State's at
tornevs before the hearing for bail.
He was posititve that he searched
each pocket. and that the scabbard
was not in the overcoat pocket when
the body was brought in, and was not
in it at thte time of the application
"Has any one else examined the
"Yes, sir. Gen. Washington and
Mr. Meeks, counsel for the defence,
examined it, with my consent."
"Since the application for bail."
"Can that holster be crumpled up
and concealed in the hand I"
"It san, readily."
It will be recalled that W. G. Jones,
the embalmer, was recalled late yes
terday and asked by counsel for the
defence to seareh the dead man's
overcott pocket and tell what he
found. He produced the small rub
ber holster, to his evident astonish
ment, for he swore it was not in the
pocket thje night of the kiling. .
Gen. Washington cross-examined.
The witness said the article was a
rubber shield worn on the end of a re
volver to prevept the barrel from
wearing the pocket. Gen. Washing
ton was going more into detail, when
Judge Anderson, chief counsel for
the defence, leaned over and evident
y disapproved, for in the middle of a
uestion -the witness was excused.
Attekneys Examinaed Overcoat.
William Murray, bookkeeper for
Dorris, told ihow G*en. Washi.ngton
and Attorney Meeks examined Sena
tor Carmack 's clothing 'a few days
after the application for bond.
"They came in and examined the
lothing carefu~lly and Gen. Washing
on put on the overcoat. He turned
slowly around and put both hands
into the overcoat poekets. Suddenly
e drew out his right hand and this
sabbard was in it. 'What is this
hing?' asked Gen. Wash.ington, hold
ng t'he scabhard oat to me. 'It is a
pistol scabbard,' said I. Neither Gen.
Washington nor Mr. Meeks seemed to
know what a scabbard or holster was
util I itold them.'' and the witness
Gen. Washington again cross-exam
ned and made the witness say:
"I am satisfied you 'had 'nothing
n your hand when you put on the
Mrs. Eastman, when on .the stand
esterday, testified that as :Senator
Carmack reach:ed for 'his revolver
with his right hand, he turned his
left towards nis right side. She also
said that the revolver .eame out bar
-el up. Gen Washington tried to show
by 'tihe witness, Murray, that if this
olster or scabbard were on the re
volver barrel it would look like the'
andle of a revolver, and that it was
this scabbard on the barrel which
ae Mrs. Eastman the impression
that the gun was inverted. The State
>bjet'ed and 'the court sustained the
Patrolman Robert Vaughn, tihe ar
resting offieer, told how he heard the
shots and ran to the scene. He saw
the body and was told that one of the
principals had been wounde'd and had
gone to Font 's Infirmary. He found
Col. Cooper and Robin Cooper there,
the latter lying on a couch.
"Robin spoke to me and said: "Pa
pa, give Mr. Vaughn my gun.' The
coonel got an automatic revolver out
of an overcoat lying on a <chair.'' The
(mee.r identified the revolver. He
said he had not examined it. because
e never saw an automatic pistal be
fore. Col. Cooper said nothing about
his own revolver, and the officer did
not search either of the men.
On cross-examination the officer
said that Lieut. Pilcher, U. S. A.. was
standing 'not far from Carmack 's
body wihen Vaughan arrived. The
lieutenant 'handed him a revolver and
sai: "H-ere is a g'un I found near
Benator Carmack 's body.'' The pa
trolman said it was a 38-calibre gun.
'ilch.r "boe'the gun and showed
three loaded and itwo empty shells.
(Continued on page three.)
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