Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-27
Evidence Puts Matters in
Better Light for Coopers'
Hot Argument Between Coun-
sci at Nashville.
After Bitter WrangIe Over Point Of
Law Defence Gets Decision.

Nashville, Tenn. Feb. 2s.-The ninth
day of actual testimony in the trial of
Col. Duncan b. Cooper, Robin Cooper
ard John D. Sharp for the staying of
former United States Senator f. r.
Carnlack was marked by lengthy and
bitter argument between opposing
Counsel and it closed with decided
advantage for the defence. At the same
time an interesting law point which
lawyers say never before was raised
in Tennessee was decided by Judge
Hart.
The defence early in it's case-in-c chief
offered proof that Col. Cooper was told
by. Edward Craig, who the colonel had
sent to see Senator Carmack, that Car
mack was in an ugly humor" The
dcfencc's case was really based upon
this one expression, for Col. Cooper and
his son Robert both testified that they
armed themselves because they We're
led to believe from this remark that
Senator Carmack might assault Col.
Cooper.
Then the state offered to prove by
two of The defence's witnesses. Major
Vertree and Assistant State Insurance
NOlltlIli l. L. lLCAsoIl iic''' FsoNii'
that Senator Carmack was not only not
in an ugly humor, but laughed at the
idea of trouble and said he simply
wanted to arm himself to relieve the
anxiety Of his friends.
rila defense fought the admission of
this testimony with more vim and bit
terness than has characterized any
argument since the trial began. Coun-
sci offered two reasons why it should
be excluded First. that the state
could cross-eXamine only such mat
ter as had been gone over in direct
examination. The court promptly re-
iected this theory. Next the defense
argued that unless all the cOnserva-
ton of witnesses with Carmack as
we'll as their observation of his man
ner and appearance had been commu-
ncat1d to the defendants the testi-
mony was inadmissible. They held
that if these conversations and obser-
vatIons had been SO communicated
they would throw some light upon the
mental condition of the defendant. Ii
they were not communicated they
would shov' only Carmack's mental
condition and since the senator was
dead his mental condition would throw
no light upon the subject.
ON the question of Major Nertree's
testimony Judge Hart excluded the
iurv and permitted the state to eX-
anime the major for the courts bene-
fit. file admitted all that the state
said he would, that Carmack laughed
al the iGea of trouble, said he had done
nothing to provoke it and that he
wanted a revolver simply to satisfy
his friends. The counsel on Doth
sides argued and the court held with
the defence
Later in the day, when T. L. Leigh
Thompson was on the stand. almost
the same question arose and the argu-
ment began anew Judge Hart said he
would render his decision tomorrow,
but minated that unless the state had
discovered some new authorities to
support its contention, he would rule
out the testimony.
The revolvcrs in tho case played q
prominent part today. The prosccu-
ton has gone on the implied theory
that the weapon with the two empty
smells. found near Carmack'S body
was in reality Col. Cooper's. and that
the revolver introduced as Col Coop
cr's. which had not been discharged.
was the one the dead ex-senator car
RED Major Ncrtrees. who lent Car
mack TIE revolver. identified the one
found near his body with two dis
charged shells as the ono he had lent
the ex-senator. Police Commissioners
Tom Hutchinson identified the revolver
which had not beer fired as the one he
lent Col. Cooper