The Birmingham age-herald., 1908-12-23
Mrs. Charles H, Eastman Makes Dramatic Witness for the
 Prosecution
JUDGE HART RULES THAT
 BAIL IS NOT FORFEITED
Examination Is Not Concluded AL though Seventeen Witnesses Are Examined--BrilIiant Array. of
 Counsel On Both Sides.

Nashville Tenn, December 22-In the criminal court here today hearing was not concluded on the petition for bail on behalf of Col. Duncan B. Cooper, his son, Robin Cooper, and John D. Sharp. charged with the murder of former Sem ator D. w. Carmack. After F wit nesses had been examined court adjourned at 4:35 p. m., until a. m., tomorrow All of the witnesses examined were states witnesses.
 The examination of witnesses was not begun until Judge Hart had heard gument and passed on the contention of the state that defendants had forfeited their right to bail in waiving an exami- nation before a magistrate and in not seeking bail at that time. The court ruled that prisoner could not at any time forfeit his right to apply for bail few more witnesses are to be examined tomorrow and it is thought argument on the application will be begun early in the afternoon.
 Under the courts ruling that the de- fense, having made the motion for ball, were in the affirmative they must con- duct the examina ton in chief. There fore. the state cross-examined its own
 
 day were Mrs. Charles H. Eastman and Cary Folk.
 Dramatic Witness.
 An instant before the shooting began which resulted in MT. Carmaek's death. the ex-senator had met and spoken to Mrs. Eastman. She made a dramatic, witness today Her figure was a strik- ing one in the witness box. stately lady with white hair, elegantly dressed in black, and with an air of assurance one seldom sees, she sat leaning slightly for ward as if to meet the questions as they were fired at her Every answer was ac- conpaned by a gesture. Her arms were waved in the air from time to time. She would raise herself from the chair when 1aboring under the emotion of al most living over the tragic scene that was enacted in her immediate presence. The shots she described by clapping her hands rapidly together. Her denunca- ton of Colonel Cooper was repeated with almost hysterical vehemence. She made an excellent witness in her direct an- swers. She was sure she heard only three shots and if there were more she did not know why she didn't hear them. Her hearing excellent and she was positive that the excitement under which she was laboring did not cause her to fail to hear them.
 The witnesses throughout the examina- ton differed on this point. Some were positive they heard only three, while others were equally sure of four or five.
 McCarn's Question.
 General Washington conducted the ex- animation in chief, and General McCarn began the cross-examination of his own star witness at il :15 o'clock. He endeav- ored to emphasize by his questioning that Colonel Cooper at the time Mrs. East man was denouncing him, immediately after the shooting, denied none of the charges which she had made against him. He emphasized also her testimony to the effect that Robin Cooper, when first she saw him, was to the south of where Car mack had been.
 ally allowed to stand aside and Carey Folk was called Mir. Folk testified that he was just across Union street the north side from the defendants just few moments before the shooting. Robin Cooper and another man were on the cor ner of Seventh avenue and Union street, while Colonel Cooper was coming toward them, about 20 to 25 feet in their rear Ac- cording to the witness Robin Cooper turned back toward his father and asked him: Are you going up this way?' point ing north toward the capitol. "No; I'll wait awhile yet" was Colonel Coopers reply, according to the testimony of the witness. MT. Folk stated that he drew the conclusion that Colonel Cooper was wait ing for some one coming from the drec- ton of the capitol. Counsel questioned him very closely as to how he evolved such a conclusion from what was said, and as to why he had not stated this con- versation to the reporters.
 Cooper's Motives.
 Counsel for the defense endeavored to show by his line of questioning that Colonel Cooper might have meant that he would wait until he caught his breath from climbing the hill, or that he might have merely meant to wait until he got to the corner before turning north.
 Miss Mary Skeffington, state librarian, testified to having met John Sharp going north on Seventh avenue perhaps 100 feet from it's junction with Union street. Hearing the shooting she asked, What Is that?" and according to her testimony the ex-sheriff replied that 1t was shooting.
 .Who is shootng?' she asked, and she stated that he replied, Its Colonel Dun can Cooper shooting Senator Carmack."
 The defer5e appeared somewhat em- barrassed at times by the lack of knowledge of what the state expected to prove by certain witnesses. In fact the question was put direct to several of them: Do you know why you have been summoned here by tho sPte"
 Opening of Court.
 The three defendants came into court at S:55 o'clock. MT. Sharp entered first and shook hands with number of friends. The two Coopers entered inn mediately afterward accompanied by number of relatives and friends.
 Appearing as counsel for the defend- ants were James c. Bradford, Judge Ed Baxter Gen. w. H. Washington w. IL Meek and Albert Ewing, Jr. Appearing for the prosecution were Attorney General Jeff McCarn, Capt. G. T. Fitz- hugh of Memphis and Gen. J. B, Gar ner of Lawrenceburg, E. H. Hatcher of Columbia and James Smiser of Colum- bia all counsel for state. Assistant At torney General c. w. Thompson sat by General McCarn.
 Court was rapped to order at s:20 o'clock by Judge w. M Hart and the