The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1909-01-21
COOPERS ARE TO BE TRIED

COOPERS ARE TO BE TRIED
MEN ACCUSED OF KILLING CAR
MACK TO FACE CHARGES.
Most Eminent Legal Counsel in Ten
nessee Engaged in Case-Jury
Hard to Pick.
Nashville, Tenn, Jan. 17.-With
carpenters working overtime to get
the new criminal court room complet-
ed, with deputy sheriffs busy sum-
moning witnesses and with the attor-
neys on both sides making their final
preparations, it. is very probable that
the Cooper-Carmack murder trial
will be commenced here Wednesday
morning. True, there have been
vague rumors of an attempt on the
part of the defense to secure further
delay. But the missing witness,
whose absence secured the last post
ponement, Is in the city.
The case will be tried before Judge
w. M. Hart. The most eminent legal
counsel in the State have been engag-
ed upon one side or the other. All
that money and brains and influence
can do will be done on one hand to
convict the defendants and on the
other to free them.
The parties to the case enjoyed ma
tional reputation. Col. Duncan B.
Cooper, his son Robin, q young law
yer, and Former Sheriff John D.
Sharpe are jointly indicted for the
Staying of Former United States Sen
ator Edward w. Carmack. Col.
Cooper has been prominent in State
and national politics for years. He
was a friend of President Mckinney
of President Cleveland and of Prest-
dent Roosevelt. Years ago he brought
Carmack to Nashville as an editorial
writer on the American, which Coop
er then owned. But those who know
say that the men were never very
friendly, and later Carmack became
connected with a rival publication.
In politics they belonged to rival fac
tions. Even Cooper's friends admit
that he is a domineering man-a
man who has been wont to command
and who liked but little those who
opposed him. Carmack had ideas OF
his own, too, and was not backward
in expressing them.
Cause of Killing.
There was no serious difference be-
tween the men until the recent guber-
Material campaign, when Carmack
opposed Patterson for the Office. The
issue was Statewide prohibition,
with Carmack advocating it and Pat
terson opposing it. Carmack real1z-
ed that he was beaten, but he was
confident that prohibition would car
ry. Then Patterson rallied to defeat
his plank. Carmack, as editor OF the
Tennessean, denounced these efforts
and criticised Col. Cooper editorial
". The latter, who managed Patter-
sons campaign, sent word to Car
mack that he would kill the editor II
the attacks continued. Carmack told
his friends that if he complied with
Cooper's demand he would be brand
ed as a coward all over the State,
consequently he would refuse. The
next editorial Ludt CoImdCh WAoIS ~
suited in his death. -,
The Cooper forces swear they will
make out q clear case Of self-defense.
The State, on the other hand, claims
that it will prove that the killing was
the result Of a conspiracy to assassi-
nate. The feeling in the State Is in
tense and sentiment is nearly equally
divided.
The greatest difficulty will be ex-
perienced in securing jury. The law
provides that any one who has talk
ed with a witness or talked with
some one who purports to tell what
the witness saw or heard is disquali-
| fed as a juror. The supreme court
| has held that man who reads what
purports to be verbatim newspaper
reports of the testimony disqualifies
himself. The defense applied for bail,
forced the State to put its witnesses
on the stand and then several news
papers printed stenographic reports
of the testimony. Whether there are
enough men in the county who did
not read the testimony to make up a
jury remains to be seen.