Newspaper Page Text
In Cooper Case-Better Arrangement
of Defendants by Prosecu
Nashville, Tenn., March 8.-After
Capt. Fitzhugh had completed the
opening argument for the State this
afternoon in the case against Col.
Duncan B. Cooper, Robin J. Cooper
-_!nd John D. Sharp. charged with the
murder of Former United States
Senator E. W. Carmack. Judge Wil
liam Hart ordered the jury with- I
drawn and thanked the spectators for
their good order.
Capt. Fitzhugh made a strong and
striking argument. It lasted over
five fhours, and when -he concluded he
was exhausted. The court room was
packed to suffoeation, the ventilation
was poor and even the spectators felt
the effects of the vitiated atmosphere.
Fitzhugh is a -dramatic orator, and
his exertions left him nearly a physi
eat wreek when he concluded. The
young Memphis attorney's speech is
considered a masterpiece of logical
argument 'and bitter invective and it
ad, a noticeable effeet upon the jur
ors, who leaned forward, and listened
breathlessly to every word spoken.
Fitzhugh was a close friend of Sena
tor Carmaek, and he is in the case at
4be special oequest of Mrs. Carmack.
His peroxation was especially drama
'.'TheTe will be many arguments
made to you," he said, "to touch
yomr hearts. You will be asked to be
generous and sympathetic. They will
talk to you of this 'boy.' Why, gen
tlemen, he is 27 years old, and some
of the greatest achievements of men
have been aacomplished before they
were 30. And they will point to Col.
.Cooper as a gentleman of the old
school, as the 'last flower of the old
Southern chivalry.' Do you believe?
-Was he a gentleman when he used
that awful langaage in the presence of
Miss Lee? And when they talk to
you of sympathy, just look over there.
You see in sable garments the widow
of E. W. Carmaek. You see on her
wom the 10-year-old boy who was the
pride of E. W. Carmack's life. Did
Duncan Cooper or Robin Cooper
think of this widow or this boy when
oR- o pueqsu-q- aq*4 u.Ap loqs Satq
Tather I Woild it not have been bet
ter if Robin Cooper, instead of shoot
ing the senator, had said to ihis father,
'Father, 'do not kill 'the father of tis
~ttle boy, do not slay the husband of
this fond wife,' but he did not. The
question to be decided is whether or
not tihe law is to be enforced. That
question is 'to be decided by you. 'If
murder is to be comnmitted in the
- streets of our cities without fear of
punishment, can you tell who will be
the next victim? The very liberty of
the press -is ait stake, The security of
the common people. It all restst with
you and into your hands I place it
aeservedly. Gentlemen, I thank
- After the necessary prelimnaries
in presentng'the Stat&o ease, Capt.
Malice anud Revenge.
"I have shown you that it is mur
der when a man takes a life upon a
sudden impulse. How much more is
it murder when a mian's heartf is so
full of malice and revenge that lhe
spends all day Sunday and most of
Monday devising the rways and means
of taking the life of 'the man he hates
Capt. Fitzhugh then took up the
threa-ts of Col. Cooper against Car
mack. With dramatic force hie re
peated Cooper's words to Craig:'
"''If my name appears in the Ten
nessean again, Carmack or I must
" Think of it, gentlemen, this man
.who is a self-confessed, lobbyist for
a railroad; 'this man who is charged
by reputable men with hav.inxg emubez
zled money intrusted to his'care; this
main whose name had been bandied
a.bout the 'State; this man whose dark
and devisous ways have now been un
covered, dared to send to an honest
and u'pright journalist the 'threat that
if his name appeared in The Tennes
sean again, one of them must die.
Think of it!
''And when the tragedy was ov.er
the defendants began to look for a
~cause. And what did 'they find? That
Senator 'Carmaeck had referred to
'that little bald-headed angel Dunc
Cooper.' Had asked did the angel
come from above or below, a.nd was
there t:he smell of sulphur on his
The speaker said Cooper never ob
jected to the alleged tremarks of Car
'mack until after the murder.
He told his son 'that "day after
day his name was used in The Tennes
sean and that Carmack was shooting
poisoned arrows at himt and tihat it
'was becoming unendurable.'' They
br'oughit onl three editorials here and
one 2i them *was written October 21.
entitled "'An Awful Threat.''
"liIe objected to this beeanse hiS
name was mentionled in connectioni
'with Ran Murray .and two others. One
of these, he swore, had been indicted
nd cnvicted, and the other, h'e said,
wI a g:1:nblr. le had to ad,11" thi' 1'
next day that the man he swore was
indicted had not been. And as for
the gambling, why, the colonel has
been a gambler himself. But it is
not on record that he ever paid a debt
out of his large winnings.
"Now the second editorial appear
ed the same day and it never mention
ed Cooper's name-it simply attack
ed the naclhine. Cooper. in his note
to Carmack, said: 'I am a private eit
izen,' yet as soon as the machine is
mentioned this private citizen roars
out in anger.
"The third editorial produced by
the defense appeared on Sunday, No-j
vember 8, and was entitled 'Across
the Muddy Chasm.' This editorial
simply repeats the charges that UOV.
Patterson and Gov. Cox had madel
against one another and says 'Col.
Cooper is entitled to credit for bung-i
ing the men together.
Angry With Carmack Only.
"All these things had been prinfed
in other papers and Col. Cooper ad
mitted it. Yet he never grew angy
at any other editor-only Carmack.
"But we come to the day before
the killing. Col. Cooper wrote some
notes-but the defense does not pro
duce them. They lose them. There is
no original but an alleged copy of a
copy for your inspection."
Fitzhugh passed to the interview'
with ex-Treasurer E. B. Craig and
after further bitterly arraigning Col.
Cooper .took up the fourth editorial
entitled '"The Diplomat of the Zwei
bund.'' This editorial credits Col.
Cooper with "bringing about the
great coalition,'" with "grafting the
dead -bough upon the living tree and
making it bloom and burgeon with
golden fruit," etc. Capt. Fitzhugh
explained the editorial word by word
and said that it was humorous and
"And, gentlemen, -this editoria ap
peared on Monday morning, Novem
ber 9, and before the sun set that
night the brilliant Edward W. Car
mack hAd been slain for writing it.''
After ridiculing the conference in
Bradford's office and extolling Miss
Iee as 'a' pure, good girl; who gave
up a splendid position rather than
that truth should be trampled upon,'
"Senator Carmack was coming. up
the street totally oblivious cf the
danger. When in the at of paying
chivarous homage to -ag lady he sees
the father, wtho 'had threatened to
kill 'him on sight, approaching him
from behind a ,woman and the son
cirling around to get behind 'him.
Now, gentlemen, would not you have
felt that your aife was in danger? He
hears a voice and it says: 'There you
are, sir. We ihave the drop on you.'
Of course he made a moveinent to
draw a weapon. Who had told him
ol. Cooper 'had changed 'his mental
John Sharp's Share.
John D. Sharp next 'came in for his
share of Capt. Fitzbhugh 's brilliant
''Listen to 'Miss Skeffington. She
says, and her character is unimpeach
ed and unimnpeachable-she says wheni
she asked John Sharp what that
shootihng was. Before he 'turned
around, 'he said: 'That is Col. Cooper
shooting Carmaek.' Why should he
say that. Because h# 'had knowledge
in advance that Col. Cooper was to
do a't least part df the shooting. He
was brought along to be a witness to
the killing, to testify for .the defense,
and he is as guilty as a principal.''
Fitzhagh described Sharp's walk
ing back to 'the scene of the crime, his
leaving it, and again returning, and
attributed his 'action to the strange
fasination which draws a criminal
back to the spot upon which the crime
was committed in spite of himself.
He next attacked the defense's the
ory. He declared that they first tried
to urge justifi'cati'on on the ground
that the editorials were provocative
of trouble, then abandoned it and
He attacked the story Robin Coop
er.told of the fatal shooting and
claimed it was a physical impossibil
ity for the dead senator to have been
standing as Robin says he was, and
then recei've two bullets through the
eant and one directly in t'he centre
of the back of the neck.
S. D. Binning, since arrested for
perjury, and other witnesses whose
testimony was impeached, were bil[
Capt. Fitzhugh closed at 3.50 p. mn.,
having spoken five hours and ten mini
utes, and cour-t wvas adjoutrned until 9
o 'clock tomorrow, when Gen. Meeks
will address the jury.
A Hurry Up Call..
Quick! Mr. Druggist-Quick !-A
box of Bucklen 's Arnica Salve
Here 's a quarter-For the love of
Moses, hurry! Baby's burned him
self, terribly-Johnnie eut his foot
with the axe-Ma mie's scalded-Pa
ean 't walk from piles-Billie has
boil-and my corns ache. She got it
and soon eared all the family. Its
th!e greatest healer on earth. Sold
byV W. E. Pelham & Son, Newberry,
JUSTIFIES KILLING CA.MACK
Gen. Meeks Extends Unwritten Law
to Editors Who Attack Private
or Public Men.
Nas.9ville, Tenn., March 9.-The un
written law was extended today to
cover editors who attack private or
public men by Gen. Meeks, of coun
sel for defence, in the Cooper-Sharp
trial for the murder'of United States
Senator E. W. Carmack. The sensa
tion was sprung during Gen. Meeks's
speech to the jury. Previoasly he
had expressly disclaimed the belief
that .any editorial attack justified
killing the rwriter. But when warmed
up to his subject, with a burst of elo
quence, de said.
'"You talk of the liberty of the
press. Why, gentlemen, no man lives
who believes more firmly in the liber
ty of the press than I do. But when
a man in an editorial position turns
the liberty of the press into license,
and undertakes to defame and defile
you and your family, what aTe you
oing to doI The prosecution will tell
you you have your recourse in th-e
nourts. Yes, and you get a judgment
for $25,000 against a man not worth
the price of a plug of tobacco. Is
''Oh, gentlemen, I tell you that the
streets of this, our city, have run red
before with the blood of men who im
properly used other men's names in
Gen. Meeks devoted five hours to
bhe speech. He painted. the defend
ants as the finest types of Southern
aristocracy and breeding, declared no
orime had been committed when Sena
tor Carmack was shot to death, and
olosed with a dramatic appeal to the
jury to ''turn loose this gallant old
soldier,'' CoL Cooper.
So great was. the throng which
tried to erowd into the court room
bhis morning that the architect of the
building appealed to the judge and
deelared that .there -was danger of a
serious accident. Judge Hart har
riedly sent deputies into the corri
dors and soon cleared them entirely.
Col. Cooper Shamefully Treated.
Gen. Meeks began by sajing that
Dol. Cooper was shamefully treat4d
by Capt. Fitzhugh yesterday. "He ae
mused him, " said Meeks, ''of not pay
ing his debts. They tried to make
you believe 'that he embezzled funds
as clerk 'and master of chancery.
What has that to do with the kialling
''The State has charged," said
Sen. Meeks, ''that 'the defendants
knew the route that Seaator Carmack
aily fo:llowed, and the time 'he left
for 'his apartments. Now, how could
the defendant.s know this time or
route? Senator Carmack 's own sten
grapher said she did not know where
Senator Carmack lived."
As to the Carmnack editorials Gen.
-"'When a man sits as Carmack did
behind the editorial counter of a pa
per and writes, day after day, editor
ials that attack 'and assault a man
ho is not ,himself in an editorial
position, he becomes insulting, and
there is no greater 'insult possible."
The attorney next went into the in
cident of .tihe pistol scabbard found in
Senator Caa-maek's overcoat pocket
nd denounced the State's attorneys
for jiniating that the counsel o.Z the
efenf ''planted." the scabbard
there. -He said the State knew that
Major Vertrees loaned Senator Car
mack 'the revolver with the scabbard
Encounter Was Accidental.
''We have proven," he went on,
that the meeting of the parties was
purely and undoubtedly a; accidental1
encounter. We hold that the guilt
or innocence of -these defendants
'must rest upon the state of mind
ther were in at the time the meeting
Counsel described the note which
Cooper indited to Carmack, but did
not send, 'and said:
''That note was to. be thre deelar
tion of war, and until that note was
sent by Cooper and received by Car
mack, Cooper understood, and- Car
m'ak understood, that there was to
be no itrouble, and that note was never
'You are not trying common
thieves or murderers now, gentlemen.
You are trying men who co;me from
as fine stock as ever human flesh
was made of, the best people of the
''Why did they put Miss Daisy Lee.
Jim Bradford' s strenographier, on the
stand ?" Meeks continued. ''I do not
say Miss Lee lied. I would not say
that about any woman. But I do say
that she was mistaken.
'Miss Lee 'alone says that Col.
Cuoper' was not called back. Now
even if it were 'material, we.have four
wvitnesseS ,against her who swear that
le was recalled-Genl. Brown, (lover
no Patterson, JTamres Bradford and
R bnf (Cooper. Yesterda.v Capt. Fitz
bah'; arraiigned tis old white-haired
sldier for u:ing thle language in Ms
Lee's presence. Miss Lee herself said
+ha ol oor was in anonher of
fire w%Ilen I IIse Id t hat lI nuag.
Sharp's Part in the Killing.
Gen. Meek took up John Sharp's
case. Ile asked the jury if they were
going to hang a man because lie said
Carmar-k "should have been dead and
in hell twenty years ago.'' He de
clared there was no evidence against
Sharp to conneet -him with the kill
ing. The State declares.," said the
*eieral, "that these defendants must
have known tliat Senator Carmack
would pass the point at which they
met him at the time they met .him.
Well, why didn't they prove it? Sena
tor Carmack stopped at the drug
store, stopped to help Mrs. Williams
on a car, stopped to.(talk to Jordan
Stokes. Are these all conspirators?
For if he had not stopped to talk he
would never have met the Coopers.
The conspiracy case, gentlemen, is
?ooljsh, unreasonable and impossi
Gen. Meeks argued that Col. Coop
er, having decided not to press his
demands upon Carmack, walked over
to italk the matter over peaceably;
that having failed to send the note,
which he knew. and Carmack knew,
was to be the declaration of war, he
had no idea of trouble.
Co6per's Purpose Peaceful.
"And 'he never even drew his gun
when he saw his own son engaged in
a revolver duel with his deadly. enemy.
How do I know it? From the State's
star witness, Mrs. Eastman, who nev
er told anything favorable to the de
fence and told everything she knew
against -the accused. But sh-e says
when she turned around that she saw
Col. Cooper standing with hands ex
"There is nothing in any ones tes
timony-exce,pt' Col. Coopers-that
Col. Cooper ever drew a gun. He said
he did, iafter the shooting stopped,
and asked why, he replied: "To kill
Carmack if he kiiled my son."
He declared Mrs. Eastman was
frightened and hysterical and could
not remember all .that actually occur
red. He then went to the defenee of
Binning, the witness arrested on a
perjury charge, and; asserted with
vigor that every word testified t: by
Binning was true. He described Bin
ning as an old farmer, illiterate and
poor, but who told the trutn.
"We say,'. said Gen. Meek, "that
Col. Cooper went over to Carmaek
with this hands open as he had a right
to do; that he .committed no overt
at; that Caraeiak met him with
drawn revolver, bedching flame and
bullets. We claim that when Robin
saw 'the deadly weapon he jumped in
front of 'his father and took, the two
bullets aimaed at the latter. We claim
that then, 'ad not until then, did Rob
in open fire and kill Carmack as the
latr was trying to shoot him again.''
Jen. Meek quoted at length from
authorities as to the doctrine of self
defence 'and wyhat constituted an overt
act and concluded with an appeal to
the jury to st.udy the evidence careful
"We regret the death of any one.
But in our regret for the dlead we
should not do the living an injustice.
I ask you gentlemen to bring in a ver
dict of not guilty against these de
fendants. Turn the old man loose
and let him once mo're meet upon the
streets remnants of that old band
that went wi'th him in the early six
ties. Turn him .' loose and let ~him
meet and shake the hand's of that gal
lant gray-coated crew. Gentlemen, I
Court adjourned until 9 o 'clock to
morrow, when Gen. Garner will ad
dress the jury.
Facts in the Cause.
Her Mother-Mabel, dear, do you
ever feel timid about asking your
husband 'for money?i
The Bride-No, indeed, mamma,
but he seems to be rather timid about
giving it to me.
VINOL CORES CHRONIC COUGHS,
. CSLOS AND-BRONCHITIS
After Other Remedies Fail
"I: have been troubled with a chronic
chl and bronchitis for a long time
and have tried many remedies without
finding relief. Through the kind sug
gestion of a friend I tried Vinol, and
after taking four bottles, am entirely
cured." A. H. Wilde, '733-8th Avenue,
S. McDonald, 147 W. Congress
St. Paul, Minn., writes: "I con
tracted a severe cold last winter and
thought I would never get rid of it. I
tried Vinol as a last resort, and It has
completely cured me."
Vinol combines two world-famed
tonics, the healing, medicinal proper
ties of cod liver oil and tonic iron, de
liciously palatable and agreeable to the
weakest stoma.ch. For this reason,
Vinol is unexcelled as a strength
builder for old people, delicate chil
dren, weak and run-down persons, af
ter sickness and for Chronic Coughs,
Colds and Bronchitis.
Vinol is sol in Newberry by
Win E. Pelham & Son.
AND IN BUSINESS
THEY WILL CONTINUE TO SELL
All Winter Clothing and
Heavy Shoes AT COST
COME TO US
When in need of anything in
Clothing, Shoes, Hats, Shirts, Etc.
We Will Save You Money.
Thanking the generous public for
their past patronage, we respect
fully ask a continuance of same,
promising to give in return a fair
and square deal to all.
IFOR AN ELEGANTe
, CIHOICE SUIT IN BLACKI(
* There is nothing better shown
Tamise Cloths, Empire
* Cloths, Cravanette, spot
proof, Wool Odessa, Etc.,
O and at very reasonable prices:
~ 75c. to $1.50
This is one of the standards of
I quality and merit, and we
have just opened up a fine
e lineof handsome styles. : :9
lineWe have also in
* French Cloths, Wool Taf- 0
* feta, Batistes, Novelties,
* Stripes, Hairline Stripes,
Poplinettes, Etc., Etc. a
Prices $1.000to$1.25 a
A~beautiful li-eof black goods. g
* Come and let as show them+
* to you. : . . . . . - - -