The Montgomery advertiser., 1908-12-24
COURT HEARS OF
 CARMACK'S END
econtlBued From rage one.J


 the wItnsss said he did not search, Col onel Cooper and. that Colonel Cooper said nothing or did nothing about sur: rendering hts own pistoI@-
 Mrs. Luclus Bureh, a daughter of Colonel Cooper. was the next witness. She said Robin was younger than she. She saw her father between 10 and Il o'clock on the day Of the tragedy. Had not seen ham before on that day. Her brotfor Robin had telephoned her that day between o'clock and s:16 o'clock. Robin said, aPapa Is armed z and that he feared trenbie: that bic fsthef wRs very much incensed over some. edltc- rials in The Tennessesan.t Robin said try Demoerstic headqaartsrs and the club. Robin said he had to go to the chancery Court. Robin wanted wit ness to see her father and prevent trouble. Robin was sc anxious to pre- vent trouble, and witness wanted to do what she could in a small way to stop trouble. Y When fhe stopped her father he came h. Her father seemed very indignant.
 Cooper Wrote Letter.
 Her father sat down at her desk in ter iibrhry, and wrete a letter, the substance of 1t being about:
 T am an old man, s5 years old. I am not an ofIieeholder or an ofiice-seeker. I am . private citizen pnd you have no more right to say these things about me in the paper than you have to say them to my face"
 Counsel for the dsesnse produced q letter and asked Mrs Bureh to look over 1t and refresh her memory as to the originais The state demanded the original The defense said it was not in existence. Quite lengthy afgu- |. N4aas The defense said tine letter. the origl- nal. was not In existknce.
 Mrs. Burch identified the copy as containing substantially what was in the original. While she sat on the witness stand her husband, pr. Burch. stood by her.
 The impression witness had concern ing hsrs.tather was that .ae was filled wfth righteous Indignation but that be was going to do an he could to avoid trouble She never knew har father to threaten any living man. newer knew Robin Co h&ve any trouble.
 W. B. Scrugga private secretary to Governor Ratterscsf, was the next witt ness. Witness saw Robin Cooper at the Tulane the morning of the killing Witness was asksd If he was hunting for Colonel Cooper and at whose re- guest Upon ansNerihg that it was at the request ofyneither of the defend- ants. the court fuled It incompetent Witness did not meet Robin Cooper by appointment. Hs had a conversation with him near the southwest window opposite The Tennesseean once. This lasted i've or ten minutes.
 Witness was asked lf he did not, at i o'clock. at the capitol. say to J. J. Roach that Colonel Cooher came very near Killing Senator ORrmack that morning. 0bjection' to thIs evidence was made by the defense AlA Ad sustained by the court. .av. t7ga
 Treasarsr .craAg Tesssaes. t
 At the afternoon session of the court formersSfafe Treasurer E. B. Craig tes- tihed as 10 a convefsation' he had with Colonel Cooper; previous to the tragedy.
 He saids Colonel Cooper brought lp the subject cf his name appearing fin, The Tennesseean. Colonel Cooper obs jcted very seriously and seemed to be ineensed. Colonel Cooper referred references. He denounced Mfr. Car mack as "a scoundrel and an ingrate." He said, he had been kind to Mir, Car l mack in the pAst.g. He spoke somewhat of The American when 1t first started: said he had appointed Mir. CarmaeS to some position on The American.
 The State objected 10 this evidence but 1t was ruled competent as tending to show the state of tho, defendants mind General McCarn insisted such evidence was an Impeachment of the deceased by hearsay evidence. Colonel Cooper made the statement thst hIs name must not appear in The TennSsseeans that he was q pf4vate citizen and ah old man and that If they did not cease to, put his name in The Tennesseean that he or Carmack must die. said Mr. Craig. further de- tho, conversation with Colonel Cooper.
 Witness said Colonel Cooper told him \ to convey this information to Car- I