Evening star., 1909-03-14
JURY TO HAVE CASE MONDAY

JURY To HAVE CASE MONUAY
Argument Will Be Concluded in
Morning-Judge Hart Then to
Give Instructions.
NASHVILLE, Tenn, March IA per-
sonal clash between Attorney General
McCarn and Sheriff Sam Borum was mar
rowly averted after court adjourned this
afternoon in the Cooper-Sharp trial for
the murder of Senator Camack.
IL his a"ument to the jury this after
noon McCarn charged that the Coopers
and Sharp had never occupied cells, that
they enjoyed special privileges and that
in granting these privileges the law was
violated. Some one told Sheriff Borum of
the charges. When McCarn started to
leave the building he was confronted by
the big sheriff.
Il understand, general" the latter be-
gan, that you say have accorded to the
CoOpers and Sharp privileges 1 do not
extend to other decent white prisoners.
If you said that you told falsehood.'
There was no mistaking Borum's mean
ing. He was angry. He is known as one
Of the gamest men in the state.
-McCarn, too, while small in stature, has
proven his courage in several instances.
Before he became lawyer he was q cow
hey.
McCarn All Ready.
He stepped up pretty close to the sheriff
and said coolly:
BE little careful what you say,
Sam J. said you had violated the law
of Tennessee in permitting prisoners to
confer together without an officer being
present.
A friand Of McCarnS whispered to him
Remember, general, the sheriff is
armed
McCarn's friends hustled him away
Borum said he treated the Coopers as
he always treated gentlemen who are
unfortunate enough to be committed to
my custody"
Borum said he had told Sharp he must
not go to Col. Cooper's room and that
he relied on Sharp as an ex-sheriff and
gentleman not to do so.
Borum said he did not keep Robin
separate from the others. The boy was
just recovering from a wound. The Old
father had begged him, Don't take my
boy away from me- So he put them
together.
He said McCarn is under indictment
now for carrying revolver.
Gen. McCArn. five years ago, was the
head OF the secret committee Of 100
which closed up dives and gambling
houses and forced the saloons to shu;
their doors Sunday. The liquor men Sc
cured his indictment for gun "toting,"
but the case was never pressed.
1t was expected that the arguments
McCarn declared he was exhausted
about pm. and asked an adjournment
until Monday at 9 am. This Was
granted.
McCarn will conclude then. The case
should reach the jury by nightfall Mon
day.
Anderson Continues Argument.
Judge Anderson resumed his argu-
ment today, saying:
Il left the Coopers and Carmack at
the telephone posts yesterday. The
state contends that Col. Cooper had no
right to turn aro1nd and go over there
to see Senator Carmack. I have shown
you that he had right. And his intent
was peaceful, for he went with hand
extended.
The state says Why didn't you say
your mission was peaceful?' Because
he didn't have to. There is no law to
compel you when you approach a man
on the street to yell out that your mis-
sion Is a pacific one.
"Again comes the states inquiry: Then
why did Senator Carmack open fire al
most instantly after he saw Col. Cooper?
The state says it is because Mrs. Burch,
the colonefs daughter. sent word that
papa Is armed and threatening to kill
Carmack on sight and that this state
ment was communicated to Carmack.
Mrs. Burch's deductions, however hon.
estly made, have nothing to do with these
defendants and they are not responsible
for them
Anderson declared again that Carmack
had no right to anticipate any trouble un-
til Cooper's note actually had been re-
ceived by him and that the note had not
been sent. Therefore, he said, Senator
Carmack had no reason to draw a gun
when the Coopers approached.
Judge Anderson claimed that Mrs.
Burch. the colonefs daughter, was state
witness and that the state should have
used her II she knew anything pertinent
about the case
"And now, gentlemen, l am going to
quit. The responsibility which has rested
on me is passing to you. You know how
handicapped we have been by the failure
OF the state to offer any theory at all.
But there Is one fact in this case
which cannot be Controverted. And that
is that Senator Carmack drew a revolver
first and fired first. 1t cannot be dis
puted that Robin fired only when he had
to. l feel safe in the result, gentlemen,
| and I leave it to YOU"
McCarn's Closing Argument.
Attorney General McCarn began his
closing argument at once. He remarked
| in opening that he was not arguing 1.-THE
case of Robert Love Taylor against E. w.
Carmack or the case of M. r. Patterson
against f. w. Carmack."
He eulogized the jury and then said:
washington talked SO much about bee
martins and sparrows that Joe Garner
actually went to roost in a tree last
| night, and this morning he didn't know
whether to go to pecking at eagles or
| fly from limb to limb, so we clipped his
wings and brought him here.
They say the state has no theory.
When your old dad took you out to lick
you did you ever know what his theory
| was? And did he ever ask for yours ?
| No: he just decided from the proof that
you were guilty. and lit into you. We
have no theory, We just have the proof.
They prate Of the blue blood and an
cestry of these defendants. 1t always
amuses me the way these fellows with
! the blue blood and ancestors always think
| of these ancestors when they are brought
! face to face with the law.
Yet Judge Anderson made a great
| speech, the only real law speech in this
suit. He took what testimony he liked
| from the state and what he liked from the
defense and he asked you to acquit on