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COOPERS' CHIEF LAWYER
Defence Fires Its 16-Inch Gun With
Telling Effect-Best Criminal
Attorney in Tennessee As
sail the Prosecution.
Nashville, Tenn., March 12.-The
sixteen-inch gun of the defence's bat
teries was trained upon the State to
day with telling effect, when Judge
James McFerran Anderson began his
argument in the trial of Col. D. B.
and Robin Cooper and John D. Sharp
for the murder of former United'.
States Senator E. W. Carmack. Judge
Anderson, who is considered the
ablest criminal lawyer in the State, is
chief counsel for, defence. Strange
ly enough he was a close personal
friend and political supporter of Sen
ator Carmaek. Although in bad
health and worn with the strain of
ten weeks of active work his speech
today, instead of dimming his reputa
tion, has added only lustre to it.
Anderson is not a dramatic orator.
He adopts no theatrical devices. He
does not speak in metaphors nor in
dulge in- sentimental appeals. Only
once did he refer to Col. Cooper as
"the old soldier" and not once did
e appeal to the sympathies of the
jurors. He boldly disclaimed any idea
of pleading that any editorial or
speech could jusuify the slaying of
Carmak and declared that his clients'
ease rested solidly and alone upon the
first law implanted in all living be
ings-the law of self-pre'servation.
Then he boldly plunged into a dissec
tion of evidence and an application of
law and startled his hearers by sol
emnly asserting that Robin would
have been justified in killing Caraaek
be'i,re he did.
He elaimed that Col. Coope'r, after
having been assailed in print and up
on the platform, had a right to seek
out his defamer any place he might
find him and demand that these as
saults stop. He claimed further that
Robin had a right to go with his fath
er, and both of them had a right to
go armed for their own protection if
they believed that their protestations
and demands would lead to an\ assault
Judge Anderson declared that this
was the law, that he quoted it merely
to show how strongly the courts pro
tect the right of self-defence, and to
make manifest Robin Cooper's reluc
tance to shoot until he had himself
An immense throng gathered to
hear Judge Anderson, but splendid
order was maintained.. The speaker
grew very weak about 4.30 p. in., and
asked a continuance until to-morrow,
whren he will close the defence's case.
He will be followed by Attorney Gen
-eral McCarn, who will close for the
State, and after the Judge's charge
* the case will go to the jury.
Gen. Washington Resumes.
~When court opened Gen. Washing
ton began the conclusion of his argu
ment. Opening with reference to the
attacks on Bradford, he said:
"These thungry, starving lawyers
for the prosecution, hungry and starv
ing for facts, would have you believe
that thi.s splendid lawyer, this Chris
tian gentleman, this scion of an aris
tocratic old family, suddenly became
a traging he-devil.''
H~e then passed to a defene~ of Gen.
Tulley Brown and, after reciting the
latter's war record, said:
"I tell you Brown is as much a hero
as Hobson was. Yet they say he lied."
Washington then made an attack
upon the testimony of Miss Lee, in
dulging in mimicry, which brought a
laugh from the crowd lined up behind
the defendants, previously referred to
by Attorney 'General McCarn as the
"defendants' rooters.'' Gen. Wash
ington then turned his attention to
the actual shooting and, with the aid
of a messenger boy, reenacted the
tragedy, in accordance with his the
ory of the killing. He declared that
Robin had a right to shoot Carmack
like a dog. Again and again he said
that Carmack was a coward, that he
hid behind Mrs. Eastman, trying to
get his revolver ready for action.
Then Washington returned to the
scabbard found in Carmack 's over
coat'pocket, comparc .1 it and the Car
mack pistol to Ruth and Naomi, and
told the beautiful story in his own
original way with a revolver in one
"And like Ruth and Naomi.'' he
concluded, "this scabbard and this
pistol elove togther. You cannot sep
arate them. and 'this is why we can
identify the Carmack pistol so ao
At another point Washington .ox
claimed: "It .is cowardly to skulk in
a room and write editorials. It is not
cowarly to go out into the sunlight,
bare yourself and demand an inter
viewv that vou have a right to ask.
Why. Robin would have had a right
to kill Carmack the instant he made a
step) towards his father.
Washinzton concluded at 11.15 a.
mn.. hiaving spoken 11 hours and 15
Judge Anderson Begins.
Judge Anderson then began the fin
al argument for the defence. He
said in opening:
"The deceased was a great man, a
United States Senator, and a man of
national prominence. The defendants
are known all over the State. Sena
tor Carmack had the same right to
live that the humblest citizen had to
live, no more and no less. And Rob
in Cooper had the same right to kill
Carmack as the poorest and humblest
citizen of the State had to kill a man
in self-defence. And that is why
the case is a great one.'"
Anderson touched tactfully upon
the attacks made by the State upon
the credibility of certain witnesses
for the defence. "I heard during
this trial something I never heard be
fore in a court of justice. I. hearo
the lawyer for the State charge Gen.
Meeks with wilfully falsifying the re
He said Meeks would not do such a
thing. He then referred to the occas
ion when Gen. Meeks quoted from the
testimony of Governor Patterson,
which the court excluded, adding:
"I am going to be more charitable
to Gen. Garner than he was to Gen.
Meeks, and say, I believe he was mis
"And Gen. Garner says, too, that
we say Mrs. Eastman lied. You
know -that is false. There is no man
on the defence who would be guilty
of such ungentlemanly and unethical
"Those of you who know my per
sonal and political fondness for Sen
ator Carmack know that I regretted
his death. My sincerest prayer is that
the God of the widow and the orphan
will tenderly guard the gentle woman
and the beautiful boy, who are left to
Carmack Had Revolver.
"The State cannot dispute," he
said, "that Carmack had a revolver
secured from Major Vertrees, that he
dhad it at the moment of his meeting
with the Coopers, that he drew that
revolver and that he fired it. No one
can say that Carmack had a right to
-draw or fire that pistol. The State
insinuates that an honorable and hon
est'young man, a retired army officer,
tampered with the Carmack revolver
or substituted discharged shells for
loaded ones. I wili prove to you that
Senator Carmack brought on the diffi
culty that ended in his death." With
this preface Anderson traced early
relations between Cooper and Car
mack, and said:
"'here was a debt owed by Car
mack to Cooper-not money, but the
debt that hurts and stings and burns
when its payment is 'wit.hheld-the
debt of gratitude.''
Judge Anderson recounted the
story of Carmack''s youth, Cooper's
patronage, the political success of the
dead man, the continued friendship
of the pair, the political campaign of
Carmack and Taylor, the break in
the friendship and the quarrel that
ended in the killing.
Editorials Do Not Justify Murder.
"There is no contention that editor
ial utterances ever justify the taking
of human life. It has been charged
that Gen. Meeks 'has applied the un
written law to this case. Now as I
understand it, Gen. Meeks simply said
that men had been killed for less of
fence, was it not, general ''"
Gen. Meeks nodded gravely in as
Judge Anderson next took up the
editorials, referring to certain pa'ra
graphs as ".poisoned arrows.'' He
said Col. Cooper was justified in de
mianding of Carmack ''that the offen
sive use of his name should cease.'
"Did vou ever .listen to more with
ering skreasm, more biting scorn,
more poisonous innuendo than in
these editorials written by the greet
est master of invective tha.t the South
has produced ? '' asked Anderson.
Cooper, he said, determined that
these attacks should cease, so he
wrote a note. All he asked wgs that
he, a private -eitizen, be permitted to
live out this days in peace.
"W\hat if Col. Cooper did say 'one
of us must die ?' The man had been
driven to desperation. Did Carmaek,
when he got that message recall the
day when Cooper gave him the only
opportunities he ever had~? Did he
remember the Colonel's family? His
beautiful, sensitive daughters, his
young sons? Did he recall the old
days? Oh. why did he not say to Ed
Craig: 'Tell my old friend I did not
mean to hurt him; that I was only
ha *n1 little honest fun.
"But the news brought to him by
Ed Craig that his old friend was be
ing tortured to death by his merciless
pen, delighted him so that he looked
pleased.' Think of it, he looked pleas.
ed, you remember that the State
brought it out. Yes, so pleased over
his old benefactor's agony that he
telephoned out in an hour andl secure~d
a revolver. That's how pleased he
wa s. -
IConspiracy Theory Scouted.
Juidze Anderson scouted the con
rae - theo. .IIe said he would not
u nsult the intelligence of t-he jury by
argning that the meeting on Seventh
li;n tViucital. Ile tL lared tiuat
Col. Cooper had a right to cross the
street and address Carmack.
"The interpretation you put upoj
Col. Cooper 's action depends upon his
character and his purpo.e in going
over there, not upon the fact that he
did go over there. If Robin Cooper
had gone over there and struck Sena
toi Carmack with his fist, and if after
being struck Senator Carmack had
drawn a -revolver, Robin Cooper would
have had a legal and moral right to
kill Carmack. Tihat, gentlemen, is the
law of this State."
Judge Anderson then devoted near
ly an hour to quoting decisions, read
ing in many instances the entire case
"When a man has abused you and
you go to him -and demand that he
stop it, and you fear you may offend
him and that he may assault you,"
declared Anderson, "you have a right
to put a pistol in your pocket. If you
h'ave this Tight -and the law says you
have, then you -have a right to defend
yourself, if in the exercise of that
right, your opponent assaults you."
Turns Attention. to Mrs. Eastman.
Judge Anderson then turned his at
tention to Mrs. Eastman's testimony.
He said Mrs.- Eastman's memory and
her oondition mentally when she wit
nessed the shooting were responsible
for the inaecuracies in her testimony.
"Mrs. Eastman is a beautiful, an
exquisitely beautiful and surpassing
ly charming woman," said Judge An
derson. "I yield to no one in mytad
miration for her. But she is a deli
cate, nervous, excitable woman. Let
-s see some things Mrs. Eastman did
not see. She did not see Robin at all
until it was nearly over. She did not
see Col Cooper s revolver, yet he says
himself he had it drawn. She says
Carmack reeled, staggered out into
the street and fell. It could not have
happened, gentlemen. If he had reel-.
ed and staggered out into the street
he would have fallen that way; his
head, not to the north, as he was
fouad. but with his head to the east.
She says she did not see Senator Car
mack fire, yet we know that be did.
And I still believe that Mrs. Eastman
believes every word she told you was
a statement of what she saw. She
thinks she saw it, but she was excited
and frightened and nervous."
Judge Anderson then analyzed Rob
in's story and declared every word of
it was reasonable. He contended that.
To All Our
Thi melneptc w _lprv i_trs- _wes
ing intutv a:: iK Ne Itenbls ary,Tr
you o tet sde b sid 30varitiesof orda's
bet A pac ih 0kns fwtr- Daod
Tsmelon~ will be somethingrprett Sweets,uba Ai
at, and aAords at same time an object Old Domil
lesson in varieties. Ordinarily, 30 kinds can King,
would cost $1.50, or, at 3 cents a paper,
$1.00, but we, under this special plan, propose to s
One lot given free with each ren4
Or, we will cell you a Sans
SOME OF 0IJ
To be conservative.
To pay four per cent.
To calculate interest sem
To bond every employee.
To be progressive and ac
To lend our money to ou
I To treat our patrons cou:
To be liberal and promp
To secure business from
TO BE THE VERY BE
TO DO BUSINESS
Our institution is under tihe
examined by the State Bank E:
The Bank of
IDR. GEO. Y. HUNTER,
J. F. BROWNE,
ille wulud tilru"Il ("arluack S neck
was the last shot fired and that it was
fired as Carmack fell.
"But Fitzhugh would have you be
lieve that it was inflicted first. How
ever, tl surgeons tell you that the
instant it was inflicted there would be
instant paralysis and that Carmack's
gun and cigar would have dropped at
his feet and not been found at his
When Judge Anderson rested the
court thanked the spectators again
for their good behavior.
Cookies Made With Honey.
Honey may be of great value in
cooking b, cause of the fact that its
use will keep cake and cookies moist
for many weeks. Bakers know this to
be true and always usre honey in the
products which they desire ito keep
fresh for a long time. If the cake
does become dry, it may be placed in
a closed receptacle like a bread jar
and will soon regain its freshness.
Honey jumbles, one of the favorite
products of the bakeshop, may be
made at home without difficulty. The
recipe calls for two quarts of flour,
three tablespoonfuls of melted laxd,
one-fourth pint of molasses, one pint
of strained honey, one and one-half
level tablespoonfuls of baking soda,
one level teaspoonful of salt, one-half
teaspoonful of vanilla extract and
one-quarter of a pint of water. Bak
ed in a quick oven, they are delicious.
-The March New Idea Woman's
Cough remedy for eolds and coughs,
pile ointment for piles, pneumonia and
croup salve for pneumonia or eroup.
For sale at Mayes' Drug Store.
What is IRome
Don't say, "cin'tr n ORGA or
We will make ywu able, granting from
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We supply the Sweet Toned, Durable
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consistent with quality.
Write at once for Catalogues, Prices
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COLUMBIA, S. C.
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:nd the THIRTY KINDS POST-PAID, as follows:
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ST BANKF~OR YOU
upervision of and regularly
ty S. C.
DR. 3. S. WHEELER,
. A. COUNTS,
AND IN BUSINESS
THEY WILL CONTINUE TO SELL
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COME TO US
When in need of anything in
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Thanking the generous public for
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promising to give in return a fair
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I CHlOICE SUIT IN-BLACK *
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___C. &G. S.