The Montgomery advertiser., 1908-12-24
COURT HEARS OF CARMACK'SEND Manyg spectators Are Present coz -Rs ON TRIAL FOR BAIL . 5. Burch Tells How She Tried to
 Stop 1t Daughter of Aged Defendant Produces Letter Written by Her Fath-
 er--GOvernor's secre-
 tary a Witness.
coy -RS ON TRIAL FOR BAIL
5. Burch Tells How She Tried to
 Stop 1t

I Nashville Tenn. Dec 2S.-Six wit nesses were examinted today in the | hearing before Judge Hart in the l criminal court on the application for ball fir Col. Duncin. B. Cooper and | Robin Cooper. and Ex-sheriff John D. Sharp, charged with murdering former Senator E. W. CarmAck.
 1 At the conclusion of the testimony of former State Treasurer E. B. Craig, | late this afternoon, Court at request | of the defense adjourned until o. clock tomorrow morning Council for | defense assured the court that every | effort would be made to complete the hearing Thursday afternoon. but if l this is found not possible, an adjourn ment vii then be taken until Monday y l Two of the most important wit nesses occupied the greater portion | of the time today. One of these was Mrs. Lucius E. Burch, daughter of defendant D. B. Cooper, and elder l toned manner in which she told of scenes with her father and her keen i incisive answers to every question were replete with an eloquence of 1 words.
 The other was E. B. Craig of chatt- anooga. MT. Craig was an intimate friend of Mir. Carfnack and has known Colonel Cooper for many years, It was he who attempted to bring about reconciliation between Cooper and | Carmack
 The seventeen witnesses xamined Tuseday and the six today complete the list available at this time and this phase of the hearing has been | concluded.
 At three o'clock Mir. Craig was told | to stand aside and defendants counsel | asked for time for a consultation. They rentered the court room at 3:30 and offering the fact that Judge Ed. Baxter of the defense was not pre- sent asked for an adjournment which was granted.
 Efforts Made By Craig.
 While on the stand Mr. Craig testi-s lied to arrivinR in Nashvilla tile sssgn. day before the kiIIinas r6maininE here until 9:g0 o'clock Sunday night. He conferred with Cooper early that Sunday night at the Tulane hotel.
 Colonel Cooper, the witness testified appeared highly incensed. calling Carmack "A scoundrel and an ingrate'' and declaring if his name did not cease to appear In the editorials of The Tennessean that either he or Carmack must die.
 Witness stated that he told Cooper that unless he objected te (witness.) would go over and talk with Carmack and see what he could do. Witness went, he testified, and told carmack that Cooper was very much agritated and that he thought Cooper. meant business"
 Carmack, witness stateed, replied that this was the second threat" that he had not reflected on Cioper's honor or integrity that he was part and parcel of an administration not to the interests of the state nor the democratic party and that he would continue to use Cooper's name when ever he saw it.
 Witness said he returned to the Tulane and said to Colonel Cooper that he could accomplish nothing. Cooper, witness said, then tapped his pocket where was a letter addressed to Car mack and said By God, then this note goes. This was all that he said at that time according to the wit. ness.
 Witness said he went back to The Tennessean office and told Carmack that he was in danger and should be prepared, Carmack, he said, replied that he did not have pistol and did not need one.
 Court Room Filled.
 Unabated interest was manifested today in the hearing of the applica- tion of the two Coopers and John D. Sharp for bali.
 The crowd began to assemble early countrymen and city folks alike being In evidence. In fact, the intense ln- terest manifested by the public In this. a preliminary movement in a crimi- nal case, is, only taken as a forerun. ner and indication of what Is to come when the case goes on trial on It's merits in the new criminal court room on January 20 next The prominence of the parties involved. the collateral issues and cross currents In the case would seem to prove that the Cooper sharp case will be the third notable criminal trial in the capital in recent years.
 The two others are the x-McDon- ough case and the Feist case. with the Cooper Sharp case topping them all from the standpoint of public interest.
 The evidence sdduced yesterday has been the subject of much comment and discussion. particularly the feature brought out in the testimony of Carey Folk in which he detailed Colonel Cooper as saying he would await while yet on the corner
 It was apparent yesterday that the defense was in the dark as to what some of the States witnesses know, and consequently did not know what to ask them nor exactly where to be- gin. This was particularly true as re- gards the witnesses whose statements 1 had not been published in the papers l The attorneys for the defense, in fact 1 made constant use of scrapbook con- taining newspaper clippings and con ducted their examination largely from l these On the other hand. 1t seemed | the purpose of the State to keep from | it's hand as much as possible. l
 Pistol in Evidence.
 Henry Bell. a negro. was the first | witness called today. He knew noth- l ing of the case and was told to stand | aside. Patrolman Vaughn was the next wilt | ness He was on the scene immediate | ly after the killing and told of Car | mack's pistol a 3s-calibre hammerless, | being handed to him by Lieutenant | winston Pitcher. The weapon con l tained two empty shells which the wit | ness thought had been recently fired. | and three loaded cartridges. Cross examined by General McCarn |