The Birmingham age-herald., 1909-03-16
Judge Hart Announces that He Must Have More Time to
 Complete Charge
M'CARN WINDS UP HIS
 ARGUMENT FOR STATE
Great Crowd Gathers In Expectation of Hearing the Charge to the Jury, But Hears Only Conclusion
 of McCarns Speech.

Nashville, Tenn, March 15.-The gen. eral belief that the case would go to the Jury today caused the largest crowd yet assembled to try to get into the court house for the final scenes of the trial of Colonel D. B. Cooper, Robin Cooper and John D. Sharp for the murder of for mer United States Senator E. w. Car mack. Some of the curious ones were on the steps as early as o'clock. But there was another delay After Attorney General McCarn had closed for the state Judge Hart announced that he had not completed the charge, but hoped to have it ready some time tomorrow.
 General McCarn spoke only a little over an hour this morning, but closed with a burst of eloquence, a farewell invoca- ton to Carnack, statesman, patriot, dip lomat, christian gentleman and friend"
 General McCarn's argument is consid- cred to be a remarkably able and strong one. This is his first big case almost the first case he has actually tried since he took the oath of office last Septem- Der. and his friends were out in force to see how he acquitted himself. At the conclusion of the proceedings, they crowd. ed around him as he sat with his eyes filled with tears, and fairly overwhelmed him with congratulations.
 Mrs. Carmack was in court again today. heavily yelled as usual When General McCarn reached his peroration, she leaned over and rested her head upon her sisters shoulder.
 Little Ned Carmack sat on the lap of one of the attorneys for the state and listened intently to every word that was spoken When court adjourned, nur Der of the attorney generals friends su rounded him and escorted him hom Some alleged threats that this is the d, they will get away with McCarn9 alarm the officials intimates but he on laughed at the rumors.
 McCarn Resumes Speech.
 Attorney General McCarn resumed h closing argument this morning in be, voice than he was on Saturday.
 At the time of adjournment had gon, over the immediate facts of the tragedy. l had shown you by physical facts that Senator Carmack had been shot in the back Don't forget that he was shot in the back-he was shot from behind-from the back. They ask us for our theory. Well, gentlemen, my theory is that the bullet which came of of Carmack' s mouth entered the back. And it is no more chivalrous to shoot a dead man in the back than to shoot live one. That
 
 bullet is the only one that ranged up, two bullets ranged downward Now you shoot man as he Is falling and the shots do not range upward No, gentle men, these defendants are not only as- sassins of Carmack, but they are cow ardly assassins of facts.
 Do not take the doctors words. Take the facts. Doctors can tell you the range of pills. but they are not experts on the range of bullets. They tell you Car mack couldn't do anything after he was shot in the back-do you know 1 think that's why they shot him in the back that they had that in mind when they shot him from behind
 No Ordinary Criminals.
 Counsel tell you that you are not try ing ordinary criminals, that these are IT. when men in pairs hunt another man, approach him from behind and kill him. then it's time for some of the descendants, the tail of the ancestors, to be cut off They have pleaded justification. Yes they have Judge Anderson, in his splendid speech the other day tried to explain away General Meeks statement that the unwritten law should apply. But If Gen eral Mesks didn't mean it, why did he fola xytth fh0 cit tr,ff the streets of our city have run red be- fore, with the blood of men who used other mems names unjustly in news papers? Judge Anderson explained mighty cleverly, but the facts are against him. General McCarn briefly recounted the circumstances of the meeting on Seventh avenue, and declared the Coopers com mitted an overt act He doubted if the defendants told the truth. He asked if they could see Carmack 400 feet away and didn't see Carey Folk ten feet away, what construction could be put upon it, except that they were looking for Car mack. He deplored the length of the trial and blamed the lawyers.
 You would have learned the truth of this case gentlemen in one day. But when you get 20 of the cleverest law yers in the south they can make blood look like snow. They muddy the water
 
 what they want, gentlemen, a doubt. And they refer to politics and try to stir up prejudice in the hearts of those who were opposed to Carmack politically
 Prejudice Left Out.
 McCarn complimented the jury for their attention and honesty and declared they would not disgrace their names and their families by letting prejudice come into the case.
 "The law on reasonable doubt is A good law If you have a doubt of their guilt, I tell you as the counsel on the other side have, to turn these men loose. But if you believe that it is against the law of Tennessee to go up behind a man and kill him because he wrote the bantering editorials, then I ask you to say so by your verdict. But they say he didn't shoot Carmack--the Colonel didn't. But he took his son along to do 1t and the son was a willing tool There has heen a lot of talk about the boy Why, gentlemen, he is a lawyer, 27 years old and has earned big fees He is no child. He was raised in luxury and is learned in the law.
 ''Three bullets In his body. gentle ynen. one in the back, one through the aide not one from the front. They say 4hese bullets stopped in Carpack's body.