The Montgomery advertiser., 1908-12-23
PETITION FOR BAIL
HEARING NOT CONCLUDED Is
 COOPER CASE.
wsfnesse. TesE Over Again the Trageds ouf Nashvisiess sfrcetn, fn Which Former Senator Carmack
 Was Killed.

Nashville. Tenn, Dec. 22.--rn the criminal court here today, hearing was moi concluded on the petition for bail on behalf of Col Duncan B. Cooper. his soa, Robin Cooper and John D. sharp. charged with the murder ot former Senator E. W. Carmack.
 After seventeen witnesses had been examined, court adjourned at 4:s5 p. m. until a. m. tomorrow. All of the witnesses examined were States VII nesses.
 not begun until Judge Hart had heard argument and passed on the coh.sn. forfeited their right to bail in wafvinG an examination before magistrate' and fin not seeking bah st that time The court ruled that q prisoner could not at any time forfeit hts right to apply for ball.
 A few more witnesses are to De ex. amined tomorrow, and f is-thought ar. Enment on the application VIII be be- gun early in the afternoon
 The principal witnesses of the day were Mrs Charles A Eastman and Cary Folk.
 The ex-senator had met and spoken to Mrs. Eastman She made q dra- matic witness todaf. Her figure was a striking one in inc witness nox.
  .ranfly dressed in5black and with an air of assurance fne seldom sees. sno sat leaning sisShhy forward as if 10 meet the questioIs as they were nred at her. Every answer was accom- panied by gestNe. Her arms were waved in the ar from time to t.me. 1rhau sla aboring 7under the emotion of ain,ost living lover the tragic scene that was enakted in her immediate nresence- m shots she described by clannlne her hands rapidly together. Her denunctgtion of Colonel Cooper was repeatef with almost hystericai yehemence ~ She made an excellent witness In Ter direct answers. She heard onlyg three shots and if there were egshe didn't know why she didn't heah them.
 The wittessea throughout the exam inatiOn differed on this point. Some were postive they heard only three. while otlSrs were equally sure of four or i've General Washington con- ducted ne examination in chief and General JMccarn began the cross-ex- aminatifn of his own star witness at HE'S o'clock. He endeavored to en- nhasiz@bx his questioning that Colonel tsoopeT at the time Mrs Eastman was denougcfnx him. immediately after the shooting, denied none of the charges- He ehphasized also her testimony to the Sffect that Robin Cooper, who. whsg she first saw him: was to the souu of where Carmack had been. Mrk Eastman was finally allowed to retfe and Mir. Folk was then called wlS Wtated he was on the north side ofkhe defendants just few minutes baore the shooting: 1t was seventh Aienue and Union Street. while Colo nh Cooper was coming toward him II their rear. According to the wit kss, Robin Cooper turned back toward ts father and asked him:
 Are you going up this wayT point hg north toward the Capitol.
 s.Jo, I'll wait while yet" was Col bnel Cooperis reply, according to the testimony, the witness, MT. Folk de- Islaring that this was the substance, I not exact words. Of the answer. He l lated that he drew the conclusion hat Colonef Cooper was waiting for ome one coming from the direction of he Capitol. Counsel questioned him lery closely as to how he evolved such
 conclusion from what was Baids And as to why he had not stated this ronveFsation to the reporters
 Counsel for the defense endeavored lto show by his line of questioning that 1 Colonel Cooper might have meant that he would wait until he caught his breath from climbing the hill, or might have meant to wait to get>to the cor neF.
 Miss Mary Skefington. State Libra rian. testified to having met John sharb going north on Seventh Avenue, perhaps a hundred feet from its june tion with Union street Hearing the shooting, she asked:
 awhat is that2" and, according to her testimony. the. ex-sheriR replied that 1t was shooting.
 TWho is ghooting?" she asked. and she stated that he replied: 'Its Colo mel Duncan Cooper shooting Senator Carmack
 The defense appeared somewhat em- barrassede 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 the state?'