The Cairo bulletin., 1908-12-04
ROBIN COOPER
CASE CONTINUED
Jui-SE GRANTED cARMAck's
SLAYERS A CONTINUANCE
FOR CONVENIENCE.
TENN TOO NEAR OVER
Case Will Be Taken Up in January
States Attorneys Urged That
Trial Be Held at Pres.
ent Term.


Nashville Tenn, Dec 3,-Col d
B. Cooper, Robin Cooper and John
: D. Sharp. charged with the murder
of former Senator r, w. Carmack,
VIII be tried during the term Of the
criminal coure beginning Monday,
Jan 4. The change from Dee, was
male on application Of the defarsa,
and after a spirited argument be
tween the opposing counsel, Attor-
Iney General Jef McCarn ana g. r.
Fitzhugh fer the prosecution, and
w II. Washington, NJ. II. Meaks, j.
c. Bradford and Charles n Burch
for the defense.
Although several grounds for a
pcstponement we're presented by the
defense the principal feature which
actuated Judge Hart lies in the ia I
that the cases could not be concluded
during the present term, as 1t Is
nearly the end and taking it up
wcrld seriously demoralize the busi-
ness Of the court at the close of the
term
JUDGE Hart's Grounds.
Judge Hart took the ground that
in view of the fact that records fer
appealed cases have to be made at
the end of the term, and that much
detail and routine matters had to be
given attention, and further that the
state could accomplish nothing by
starting the trial at the end of the
term, and that all things considered
the public welfare required that the
business OF the court be properly
wound AZ aial el0be,i Judge Hart
indicated that much better and more
satisfactory progress could be made
al tho na&t term with a elaas road,
ahead and plenty of time for the
trial
II was urged by the defense, first
that the defendants could not prop
erly go to trial owing to the absence
of their leading uconsel. Judge A.
NJ, Anderson, who was in Texas on
account Of his health, that the ho'i
day season was near at hand and that
the case could not possibly be fin |
ished before the end OF the present |
term on account of the absence of
Lieut. Winson pilcher, an important |
witness for the defense, and finally |
the condition of Robin Cooper. i'll
being stated that he was in such a !
nervous state by reason of the shock !
he had undergone that he would not |
be able to stand a trial at this time. |
Lieut. Pitcher, it will be remembered |
Is the one who picked up Senator |
Carmacks pistol when he was killed |
on Seventh avenue, North and who
stated that he broke the weapon and |
found two empty cartridges i'm H.
State Was Ready.
The state through both Gen Nc
Carn and Capt Fitzhugh combated
all of the grounds advanced by the
defense for postponement Each |
insisted that the state was ready for /
trial and that the defense had had a |
better opportunity. in fact, for being |
ready than lid the state Gen Mel
earn declared that the defense ought |
to be ready as he said, for YOU
were there and knew what hap
1eued"
The state denied that Judge An.
dcrson's absence was any reason f0rl
a pCstponement Of the case. II was 1
pointed ont that that no wasn't here
VIXEN the killing took place. aud l
hadn't been here since then. and
that # was the duty Of the defense 70 /
employ somebody who was or could |
De here. The state Insisted thatl
Lieut. Pitcher should have been sub /
pocnaed or else his deposition could /
be- taken. The state opposed aaI oil
The grounds which determined 0ppo-
5iti0f