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Col. Cooper Grew Wa=m in Cross Ex
aiation-Half Arose From
His Chair to Call Down
Nashville, Tenn., Feb. 25.-It was
thought last week that the limit in
crowds had been reached in atten
dance at the Cooper-Sharpe trial, but
the throng that assembled almost be
fore dawn made .the former crowds
seem small. The cause of the excite
ment was a well-defined rumor, im
possible of confirmation or denial,
that Governor Patterson would take
the stand on behalf of the defendants
as soon as Colonel Cooper was excus
When the court opened Judge Hart
said that he would exclude the Lancet
editorial offered by the State to prove
that the Lancet, in which Col. Cooper
was interested, printed the original
charges against Governor Cox which
when repeated by Carmack in the
Tennesseean.caused Colonel Cooper to
say that either he or Carmack must
Captain Fitzhugh then resumed the
cross-examination of Colonel Cooper,
commencing with the State debate be
tween Carmack and Patterson during
the gubernatorial campaign. The wit
ness was asked if the Nashville papers
did not report this debate in full and
if he ever read of Carmack's attack
upon him in the American. He said
he had not read it, but believed the
papers did not publish the debate in
"Didn't you say he attacked you
nearly every day in this debate?"
"I said practically every day."
"Do you remember what he said?"
"I can refer to my notes anO tell."
"You have notes."
"Where did you get them?"
"From the stenographer who took
"You got these notes since the trial
"Who else told you of the at
"John Sharp and Governor Patter
son and hundreds of others -told me.
I scarcely met a man who attended
the debates that did not tell me of
"What were the facts of this at
tack, the words?"
"I did not recall the exception
about the 'angel with a smell of hell
upon his wings.' "
"Don't you know he never said
"You put in-you use word hell of
"I certainly do; it's a. favorite
word of mine and I use it whenever I
Fitzhugh was on his feet .firing
questions rapidl yand Judge Ander
son said: "I wish counsel would keep
his seat and avoid these exciting de
"Let him alone," said Colonel
Cooper. "Let him alone, he can't
frighten me. I can parry his attacks.
No, sir, I can stand it a week if you
The witness was asked to read the
schedule of the joint debate in middle
and eastern Tennessee, which he did.
"What was the first attack?"
"Carmack called me a bolter."
"Didn't you bolt the ticket and
vote for General Russell against Gov
ernor Bates for governor."
"I never voted f.or a Republican
in my 'ife. I did vote for Russell and
Counsel for the defense objected,
but Colonel Cooper was excited and
half rose from his chair and exclaim
ed: "Let him alone, let me answer. I
-want to answer him."
Colonel Cooper said he also object
'ed to a statement that he dominated
the governor. "A man who was a
* bigger man than I am and who was
my friend it was aimed to hurt and
"Did you take exception to any
~editorials of the same nature except
:those written by Senator Carmack?"
"I objected to every mean editor
"And there were many of them?"
"No, sir. I resented other editorials
in other papers."
"But vou took no action?"
"Well, I felt the personal poison
jand resented it mentally."
"But von sent no threatening
"I didn't send a note in the Car
mack case for months and months af
ter t.he stump attacks and the edito
rial attacks had been going on."
The State contined to revert to a
political fight which Cooper was
charged with settling. Invariably the
testimony was ruled out. The court
"You had better get off of politics
and get down to facts."
Answering questions the witness
said: "If I had received the message
I sent Carmack. I would consider that
either I had to stop the attacks or
prepare myself to meet him."
-Nashville, Tenn., Feb. 25.-After
nearly two days under one of the most
searching cross examinations ever
heard in Tennessee, Gol. Duncan
Cooper was surrendered to his own
counsel by the State tonight. He will
take the stand again tomorrow on re
Immediately after Cooper was fin
ally dismissed from the stand Gover
nor Patterson and his adjutant gen
eral, Colonel Tulley Brown, will be
called to tell what part they played
in this political tragedy.
All efforts of the State to confuse
the witness on subject matter in di
rect examination failed. He stuck to
his story, never faltered, never hesi
tated. In reply to a nestion as to
what there was in the editorial in
the 1908, to make him want to take
human life, Col. Cooper said: "Noth
ing on earth makes me want to take
human life except in defense of my
"You think anything in any edito
rial justifies murder?"
"Nothing ever written justifies
taking shuman life."
Witness denied ever calling Car
mack vile names. Aliss Lee swore
she heard Col. Cooper villify the edi
tor. The State went back to the kill
ing and asked: "You determined to
avoid Carmack, but all of a sudden
you changed your mind and- started
over to see the senator?"
"You knew you would settle it
some way, eh?"
"Now don't put meaning on it I
do not intend, I had only one meaning
to settle it, that was a peaceable set
"You didn't know what you aimed
"Not exact words. I supposed to
say I was going to expose his private
life if he did not stop assailing me."
"So that was your peaceful mis
"Not absolutely peaceful. I mere
ly wanted an understanding that un
less he let me alone I would retaliate
"Why did you draw your gun?"
"In order to kill Carmack if he
killed iny son."
As far going armed, witness said:
"I didn't think there would be any
trouble unless I committed some overt
act, and I did nothing to justify Sena
tor Carmaek in drawing on me.''
THE COOPER CASE.
State Offers to Disprove Testimony on
Which Defense Bases its Plea
But is Not Allwe to
Do So. .
Nashville, Tenn., Feb. 26.-The
ninth day of actual testimony in the
Coper-Sharp trial for the slaying ofI
Former United States Senator Car
mack was inarked by lengthy and bit
ter a.rgumnent between opposing coun
sel and closed with a decided advan
tage for the de;fense. At the same
time an interesting law point was de
ided by Judge Hart.
The defense early in its case in
hief offered proof that Col. Cooper
was told by Edward Craig, whom the
olonel .had sent to see Senator Car
mack, that Carmack was in an "ugly
humor.'' The defense's case was
based really upon this one expression,
for Col. Cooper and Robin both testi
fied tha.t they armed themselves be
ause they were led to believe from
this remark that Senator Carmack
might assault the elder Cooper.
Today the .State offered to prove*
by two of the defense 's own witnes
ses, Maj. Vertres and Assistant State
Insurance Commissioner T. Leigh
Thompson, that Senator Carmack was
not only not in an ugly humor but
laughed at the idea of trouble.
The defense fought the admission
of this testimony with more vim and
bitterness than has characterized any
argument since the trial began. Learn
ed counsel offered two reasons why it
should be excluded: First, ti''at the
State could cross-examine only on
such matter as had been gone over in
direct examination. The court
promptly rejected this theory. Next,
the defense argued that unless all
the conversation- of witnesses with
Carmack, as well as their observation
of his manner and appearance, had
been communicated to the defendants
the testimony was inadmissible.
In the question of Maj. Vertres'
testimony Judge Hart excluded the
jury and permitted the State to ex
amine the major for the court's bene
fit. He admitted all that the State
said he would, that Carmack laughed
at the idea of trouble, said he had
done nothing to provoke it, and that
he wanted a revolver simply to satis
fy his friends. T,bis counsel on both
sides argued and the court held with
Later in the day when Leigh
Thompson was questioned almost the
same question arose and the argument
began anew. Judge Hart said he
would render his decision tomorrow
but intimated that unless the State
had discovered some new authorities
to support its contention, he would
rule out the testimony.
Col. Cooper resumed the stand
when court opened and said:
"I wish to make one statement. My
testimony yesterday as to helping an
old soldier with money, as I read it in
the stenographer's transcript this
morning, was misunderstood, and I
am afraid it is my fault. I secured
$1,050 from my farm. I gave only
$50 of it to the old soldier, but evi
dently every one thought I said $1,
050. That's all."
Cooper was then excused.
After some delay in waiting for a
witness who did not arrive, Lieut. M.
D. Pilcher, U. S. A., who found the
revolver near Carmack's body, was
called by the defense. He said he
had just left the club a block away
from the tragedy before the killing
and saw a crowd. He approached and
found Senator Carmack lying in the
gutter, face down. His rigui, hand
was extended and the revolver was
eight inches from the hand. Witness
picked up the revolver and broke it.
It contained four loaded shells and
two empty c:-es. It was a .3S calibre
On cross-examination Filcher said
he had no means of knowilig how long
it had been since the revul;er Lad
Sergt. Meadows of the Nashville
pol.iee was the next witness. He went
to Fort's infirmary and got from Pa
trolman Vaughn two revolvers-Rob
in's .32 automatic Colt and the one
found by Lieut Pilcher. Later he re
ceived from Sergt. Dead a nickel
plated revolver which had not been
fired and which was said to have been
taken fr?m Col. Duncan Cooper.
On cross-examination he could not
positively identify the guns. He had
turned them over to the lieutenant of
police at the station and on the next
day took them to the clerk of the
crimnal court, Vernon Sharp, brother
of John Sharpe.
Maj. Vertres' Testimony.
Maj. W. 0. Vertres, the next wit
ness, was to try a suit in chancery
court with Robin Cooper the day of I
the tragedy. Robin 'during the morn
ing twice had the suit continued, and
when he arrived at 1 p. m. said: "I
am sorry to have detained you, but I
had a matter I could not leave for any
"Did you see Senator Carmack or
talk to him on important topics Sun
"I did. I was calling on a young
"Don't give her name.'
T.he call was interrupted by a tele
phone message that Senator Carmack
wanted h'm. Maj. Vertres went to
enator Carmack's office.
"What did Senator Carmack ask
'"He said he wanted a revolver and
I loaned him mine.''
"Did that revolver have anything
"Do you mean a scabbard? Yes,
it had a little rubber tip.''
"Is this scabbard yours?''
"Yes, sir. The revolver is mine,
"Was it loaded in every cham
The witness said the next he saw of
this revolver was in the presence of
the attorney general when he identi
fied as his the revolver found near
"You know Mr. Carmack?''
"Yes, sir. I was his best man at
At this Mrs. Carmaek turned to
her sister, buried her head on her'
shoulder and broke into tears.
The State began cross-examination
at this point.
Defense's Objection Sustained.
The defense objected to testimony
as to Carmack's demeanor the night
before the shooting, and was sustain
Judge Hart ruled that Maj. Ver
tres could not testify as to what
transired in Senator Carmack's of
fie -he night before the shooting.
The ,tate then resumed cross-examin
ation through Attorney General Gar
"Did any one ever object to your
telling the whole truth- about this
"Never. I asked the defense not:
to use me, but made the attorneys
promise that if they decided to use
me they must give me notice in time
'for me to consult with attorneys for
"The shield or scabbard on the gun
would remain in the pocket when the
revolver was drawn, would it not?''
"Unless it were held upon the re
volver barrel by the hand it would
remain in the pocket.''
R. T. Creighton, a civil engineer,
was next called. He made a plat of
the scene of the killing and swore to
the accuracy of his measurements.
The next witness was R. P. Seigen
thler, city foreman of linemen for
the Western Union. He moved one
of the poles at the scene of i trage
dy and took it to the store house. He
never examined the pole and knew
nothng- of any bullet holes.
A. H. Wright, a contractor, told o1'
examining l he pole and finding no
and Brown, blacksmith, and Dr.
E. N. Brown contradicted Miss Lee,
who said Col. Cooper was in Attorney
Bardford's office about 10.30 or 11.30
o'clock on the morning of November
9. They said at that hour Cooper was
trying a horse he wanted to buy.
Gun Col. Cooper Had.
Thomas S. Hutchinson, a police
commissioner of Nashville, said he
lent Col. Cooper a revolver the night
before the shooting. The witness ex
amined tire nickel-plated gun which
the officer took from Col. Cooper and
said it was his.
The defense next called T. Leigh
Thompson, deputy State insurance
commissioner, who got to the scene of
the tragedy about five minutes after
it occurred. He saw Carmack's body
in the street, a pool of blood at his
mouth. He produced a bullet which
he found there-a steel packeted, .32
calibre bullet. The bullet was very
close to the dead man's lips.
''Did you see a cigar between the
fingers of his left hand?'"
"I saw a eigar near his left hand
or in his fingers. The right hand was
above his head, his body turned on his
right side and left hand across his
body, resting on the ground.''
The State attempted to bring out a
conversation witness had with Car
mack the afternoon of the killing. The
defense objected and counsel again
entered upon lengthy arguments.
Judge Hart announced that he would
render a decision tomorrow and court
adjourned until 9 a. m.
House Passes Senator Mauldin's Bill
There was a long fight at the ses
sion of the house Friday on Senator
Mauldin's bill to prevent fraud by
iving worthless checks. Mr. Fraser
moved to recommit the bill. For near
ly two hours the bill was debated and
by a vote of 58 to 38 the house re
fused to recommit the bill and by a
vote of 51 to 38 the bill was sent to
The bill reads as follows:
'Section 1. That from and after
the approval of this ant, any person
who shall draw and utter any check
r draft on a bank or banking house
n which he has no funds, or not funds
sfficient t apoueyshSHRDUN
ufficient to meet the same, shall b.e
eemed guilty of , a misdeameanor,
nd, upon conviction, shall be punish
d by fine or imprisonment, or by
ine and imprisonment, in the discre
ion of the court.''
Night on Bald Mountain.
On a lonely night Alex. Benton, of
ort Edward, N. Y., climbed Bald
Iountain to the home of a neighbor,
ortured by Asthma, bent on curing
im with Dr. King's New Discovery,
hat had cured himself of asthma.
his wonderful medicine soon reliev
d and quickly cured his neighbor.
ater it cured his son 's wife of a
evere lung trouble. Millions believe
its the greatest Throat and Lung
ure on Earth. Coughs, Colds,
roup, Hemorrhages and Sore Lungs
are surely eured by it. Best for Hay
ever, Grip and Whooping Cough.
O. and .$1.00. Trial bottle free.
uaranteed by W. E. Pelham & Son,
ewberry, S. C.
OTICE TO TOWN DELINQUENTS
The Hon. J. J. Langford, mayor of
the city of Newberry, has placed in
y hands execntions for the collec
io of delinquent city taxes for tVhe
ears 1907 and 1908, with instruc
tions to collect the same at once. This
s to notify all persons of the city
ho have not paid such taxes that
they can save costs by coming to me
nd paying the same a.t once.
M. M. Buford,
Sheriff Newberry County.
Newberery, S. C., Feb. 22, 1909.
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DR. GEO. Y. HUNTER,
J. F. BROWNE,
Vry Low Round Trip Rates to Wash
ington, D. C., Via Southern
Account Presidential Inauguration
te Southern railway will sell round
tip tickets to Washington, D. C..
fom all points at greatly reduced
rtes. Tickets to be on sale February
2th and March 1st, 2nd and 3rd,
109, good to leave Washington re
trning not later than midnight of
arch 8th, 1909.
Round trip rates from principal
pints as follows:
Abeville ...... .... ......$16 25
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acksburg ..... .... ......$13 75
Cmden ... ..... ... .....$14 05
Carleston ... ............$16 40
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reenwood..... ...... ...$15 80
Lnaster ..... ... ........$13 75
rangeburg..... .... .. ...$15 85
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>rkville ...... . .......$13 60
For detailed information, sleeping
r reservations, schedules of regular
ad special trains, apply to Southern
ilway ticket agents or address,
J. C. Lusk,
Division Passenger Agent,
.L. Meek, Charleston, S. C.
Asst. Gen. Pass. Agt.,
TWN AND TOWNSHIP BOARD
OF ASSESSORS FOR 1909.
The following persons have been
apointed to serve as Town and
Twnship Assessors for 1909:
Township No. 1 Town.
Otto Klettner, Jno. A. Senn and L.
Township No. 1 County.
Jno C. Neal, S. P. MeCracken and
Township No. 2.
Dr. W. C. Brown, Chas. S. Suber
nd B. B. Lei'tzsey.
Township No. 3.
J. H. Ringer, E. L. Glytnph and B.
Township No. 4 Town.
David Duncan, P. B. 0O'Dell and
. E. Kohin.
Township No. 4 County.
Z. H. Sueramesm C. Duncan, Sam
he Yield of Fruit
ften the result of good manage
s and fruit plants need a liberal
that is, nitrogen, phosphoric acid
ame as any other crop. Experi
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become an axiom with the best
other fruit trees soon respond to
use the best fertilizers.
anies' fertilizers," says Mr. H. 0.
nd yours proved to be the best.
rolina Fertilizer, was just twice as
ompanies' fertilizer was used."
:arolina Fertilizers are cheapest
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Durham, N. C.
Charleston, S.. C.
ST BANK FOR YOU
supervision of and regularly
ty, S. C.
DR. J. S. WHEELER,
J. A. COUNTS,
Township No. 5.
G. C. Glasgow, Welch Wilbnr and
Township No. 6.
M. M. Livingstone, Geo. P. Boozer
and J. B. Smnith.
-Township No. 7.
Press N. Boozer, A. P. Coleman and
Jno. W. Sanders.
Township No. 8.
G. T. Blair, H 0. Long and W. H.
I Township N. 9 Town.
A. H. Hawkins, A. M. Laster and
W. T. Gibson.
Township No. 9 County.
J. P. Harman, Jno. H. Garrett anid
J. W. Hartman.
*Township No. 10.
A dam L. Aull, D. B. Cook ana W.
Township No. 11.
Perry Halfaere, R. H. Hipp sand
Felix A. Graham.
T-he above named assessors are re
quired to meet in the office of the
county auditor Tuesday, March 2,
at 11 o 'cloc.k a. m. for the pnrpose of
taking the oath of office and attend
ing to other business neeessary before
passing on the assessments for 1909.
This is an important meeting and ev
ery member is urged and expected to
Eug. S. Werts,
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY.
By Frank M. Sehumpert, Esquire,
WHEREAS, Kate G. Leitzsey and
B:rney Burr Leitzsey hath made suit
to me. to grant them letters of ad
miisitration of the estate of and ef
fects'of Thomas Benson Leitzsey.
THESE ARE THEREFORE to cite
and admonish all and ~singular the
kindred and Creditors of the said
Thomas Benson Leitzsey, deceased,
that they be and appear before me, in
the Court of Probate, to be held at.
Newberry, S. C., on the 10th day of
Marc-h, next after publication thlereof,
at 11 o'cloe.k in the forenoon. to show
eause, if any they have, why the said
administration should not be granted.
GIVEN under my Hand, this 22nd
day of February Anno Domini, 1909.
Frank M. Schumpert,