New-York tribune., 1909-02-27
COOPER DEFENCE GAINS
STdTE POINT RULED OUT.
CarmacE: Not Ugly" Say Witnesses
-ReUoIUers Identified.

-Rer0lCers Identified.
Nashville Tenn Feb. 2s.-The ninth day OF actual
,es,ionv IN the trial Colonel Duncan B Cooper.
Robin Cooper and John D. Sharp for the Staying
n, ex-I-nited States Senator f ". Carnack vas
marked by long and bitter argument between op-
1osinE counsel. and closed with decided adVan-
taee for the defence. At the same time an IN
+erestsng law point, which lawyers say. was never
before raised in Tennessee. was decided by Judge
Hart
Tie defence early in Is case in chief offered
uroof that Colonel Cooper told by Edward
craig whom the colonel had sent TO see eX-
Senator Carmack that Carnoack was in an ugly
hunor-" The defence's case was based really upon
this one expression for Colonel Cooper and ms son
Robin both testified that they armed themselves
because they were led 10 believe from this remark
that Carsnack might assault Colonel Cooper
Then the state offered prove by two OF the
defence's Ritnesses-Major NeTtrees and Assistant
State Insurance Commissioner T. l. Leigh Thomp-
son-that Carmack not only was not in an ugly
humor. laughed at the idea of trouble and said
he simply wanted to himself to relieve the
anxiety Of lis friends.
The defence fought the admission OF this testi-
rnony WITH more bitterness than has characterized
any argument since the trial began. Counsel Of
fered why il should be excluded First
that the state could cross-examne only on such
matter had been gone over in direct exam na-
tion. The court promptly rejected this theory
Next the defence argued that unless all the con
TSrS6tol. OF witnesses Win OaTInSCh, as "eit o.
their observation OF his manner and appearance
had been communicated the defendants. the testi-
n1ony inadaissibe. They held that if these
conversations and observations had been so com
rnunicated they would throw some light upon the
mental condition Of fhe defendant. II they were
not communicated they would show only Senator
Carmack's mental condition. and as the Senator
was dead his mental condition would throw no light
upon the subject.
on the question Of Major vertreess testimony
Judge Hart excluded the jury and permitted the
state examine the major for the Courts benefit
He admitted eli that the state said he would. that
Ca-mack laughed at the idea Of trouble, said ne
had done nothing provoke il. and that he wanted
e revolver simply to satisfy his friends The ma
jor repeated Carmacks conversation in the latters
Office follows:
I have received a Threatening message from
Colonel Cooper. who said that If used his name
again one or the other of Us must 60. l got the
message from Craig. After that message there is
nothing for q do but to lut his name in again
and in il goes to-rorroV-
7 do not think there Will be trouble. Carmack
ent cn. for ! have never given him any cause TO
make trouble, but my friends insist that arm my
self ] do not see any use in IL bit am Wlilhs
to obiige my friends. This is Sunday night. have
no revolver and cannot buy cne. VIII you lend me
oneP
LENT REVOLVER TO CARMACk
I replied that 1 would and gave him that pis-
toI (pointing the exhibit He said he did not
know now use it. / told linn it was self-acting
revolver and all he had 10 do was to pull the trlg-
ger. ] removed the loads and demonstrated lle
use OF the weapon
Further testimony 10 the effect that Carinack
calm and in a collected mood Judge AhoeI-
son objected and counsel on both sides argued Inc
Court held with the defence
Later In the day. Wnen T. Leigh Thompson was
on the stand. almost the same question arose, ana
the argument began Judge Hart said he
would render his decision tomorrow but intimateI
that unless the state had discovered some new au-
irs cprte MT
the testimony.
L was during this last argument that anus
tng incident occurred. Judge Hart was hstessiy
and with bored air toying with the revolver said
70 have been taken from Colonel Cooper the night
CT the shooting All at once General Garner and
General Washington began TO indulge in PERSONAL
ties. The Court sat up quickly. and thinking he
held the Judicial gavel in his hand. proceeded TO
pound The table vigorously with the butt ot the
weapon Everybody Uttered the Court blushed,
dropped the revolver, and remarked:
--nlozr proceed with the lawsuit
The announced intention Of the defence yesterday
20 put Governor Patterson and Adjutant General
Tully Brown upon the witness stand to-day caused
the states counsel &c last night the steno-
graphic report Of the entire testimony, and every
reference 10 Governor Patterson and General Brown
was Transcribed again for reference in crOss-exam-
ination. Al least OF the counsel for the state
are bitter political enemies of Patterson The Gov
ernor or General Brown were not called to-day,
however.
The crowds Whlcn ettenceu tle trlai to-day were
as large a. ever, and lunch boxes have become the
rule instead Of the exec 6tion. One old woman
brought her knitting She arrived early and passed
the time brsily clicking Ter long needles.
REVoLVERS WERE NOT MINED
The revoIvers in the case played prominent part
fo-dar The prosecution has gone the implied
theory that the gun with the two empty shells
found near Senator Carrnack's body in reality
Colonel Cooper's and that the revolver introduced
ss Colonel Cooper's which had not been discharged
zsss fhe one the dead Senator carried. Major Yer
trees who lent Senator Carmack the revolver.
s5enr.6ed the one found his body with two
7iyohsrged shells the one he had lent the Sena-
sor Police Commissioner Tom Hutchinson iden-
,i6ed the revolver which had not been fired as the
enc he had lent Colonel Cooper.
r Teirh Thompson Deputy State Insurance Com
,7,fs.io-er who got the scene of the tragedy
sbout i've minutes after if occurred, testified to
cay thai he saw Carmacks body in the street a
,,ool q blood his mouth