The Birmingham age-herald., 1909-03-11
Attorneys Garner and Washing ton Speak For The Prose-
 cutiOn And Defense
GARNER VERY BITTER
 IN HIS PRONUNCIATION
Washington Resents Gamers Remarks and Likens Him To Sparrow and Says He'll Waste No Am
 munition On Him.

Nashville. March 1o.-Two things stand out in today's developments in the Coop er-Sharp trial for the murder of E. W. Carmaek, One is the theory of the state as to the wounding of Robin Cooper; the other is the defense's defense.
 The state announced through Attorney Gerner that 1t would contend that Col. D. B. Cooper fired the shot which wound ed his son and that Senator Carmack, if he fired at all fired wildly General Gar ner first declared that it would be physical impossibility for Carmack to have shot Robin as the Coopers swear he did. Next he declared that the req sonable solution of the problem was that Colonel Cooper opened fire on CarmacS as Mrs. Eastman believes he did and that a bullet from his pistol struck the tele- phone post, was deiected and entered Robins shoulder.
 He contended that this theory is cor roborated by the course of the bullet, which penetrated the flesh only an inch and a half and failed to strike a bone A Ss ealibre bullet fired point blank at a range of three or four feet. Gar
 
 into the flesh than an inch and a half
 Mrs. Carmack Paints.
 General Garner made a brilliant and logical argument and 1t was with diff culty that a demonstration was prevent ed. The court officers. however, were aided in this by the sudden fainting of Mrs. Carmack.
 The audiences attention was instantly diverted to the widow of the murdered man and quiet was maintained It be- came evident from the argument of Gen eral Washington of the defense, who fol- lowed General Garner, befa5 Z that the defense proposes to rely very strongly upon a plea of justification as well as the plea of self-defense. Gen eral Afeeks paved the way for it in his argument yesterday when he came out boldly in favor of the application of the unwritten law to editors and declared that the murder of Carmack by tho Coopers was not the first time that a Nashville editor had been slaln for crit icising some one.
 General Washington did not take such a decided stand. but he devoted the en- tire two hours of his argument this aft ernoon to a denunciaton of Carmack.
 eThe man with the poison of a SCOT pion in his pen. the sting of wasp in his words and the venom of the rattle- snake under his tongue"
 He interpreted Carmack's words and editorials as he said they were meant. and Colonel Cooper interpreted them and declared that the colonel had no re- course in the world. He had not finished his argument when court adjourned and he will conclude it tomorrow. Judge An derson, also of the defense, will follow him and then Attorney General McCarn will close the case for the state.
 Throne Is Dense.
 So dense was the throng inside the bar today that Judge Hart could not reach the bench from his chambers un til two husky deputies pushed open narrow path. He mounted the bench and said:
 Ladies and Gentlemen-I am glad to see you here this morning, and sorry there are not more of you. l said be- fore there must be no demonstration, If you follow my orders everything will be lovely. If you do not we will fall out right away
 A laugh follower the judges re- marks but he rapped for order.
 As one lawyer remarked half of Maury county came to Nashville to hear Attorney Gamers argument for the state That is Gamers home county and the young lawyer is popular there. Few of them got into the court room. however, and those only on cards issued by Garner. The rest of the visi- tors had cards too. but the walls re- fused to stretch so they sat on the sidewalk outside and caught now and a few sentences.
 General Garner began his argument , at a. m. He said
 Garner Begins Speech.
 q feel the same pride and gratif- cation at representing the people of the great state that l always do In prose cutting criminal. At the same time have never tried case that there was not some humanity manifested on the side of the defense that called forth some cause for regret. Tn this case, there is the same humanity that ex- fists in all cases
 "The position of the defendants in this case Is not so different that the h carts of those who love them suffer any more than the loved ones of de- fendants who are lower in the social scale.
 And do not say loved ones of these defendants do not suffer. My sympathy goes out to them, though it may not be appreciated. and l regret that it is my duty to prosecute I say this be- cause I want you to believe that what I say here is said from sense of duty. Sometimes the innocent has had to ' suffer tenfold with the guilty and these defendants alone are to blame for making their own dear ones suffer.
 'But the saddest part of this case, to my mind is that the lips of the man they so cruelty murdered cannot re- spond and reply to the cruel islanders and maledictions heaped upon him by the hired counsel of the defense, and I appeal to you to hear me out when say that M. Fl. Meeks falslfied the re- cord when he told you that Senator called Colonel Cooper 6 dive keeper. It was cruel and a mon- strous misrepresentation.
 If you gentlemen of the defense have