The Montgomery advertiser., 1909-01-18
Carmack Murder Case
 Up This Week
SOME EMINENT LEGAL COUNSEL
Money, Brains and Influence On
 Both Sides.
The Greatest Dimcuity wnl Be Expe- rieneed in Securing .. Jury as
 "a Great Many wiII Be DisGuaIiaed.

Nashville, Tenn, Jan. 17.--With car-. penters working over time to get the new Criminal Court room completed, with deputy fsheriffs busy summoning witnesses and with the attorneys on both sides making their final prepar> ations, it Is very probable that the Cooper Carmack murder trial VIII De commenced here Wednesday morning. True, there have been vague rumors of an attempt on the part of the de- fense to secure further delay, but the missing witnesses, whose absence se- cured the last postponement, IS n the city.
 The case willxbe tried before Judge W, M. Hart. The most eminent legai counsel in the State have been ensaeeu upon one side or the other. All that money or brains and influence can ao will be done on pne hand 70 consiee w the defendants and the other 10 iree them.
 The parties to the case enjoyed na- tiollai reputation. Col. Duncan Cooper. his son, Robin, young law yer and former Sheriff John D. Snarp are jointly indicted for the slaylns of former United States Senator Eo- ward W. Carmack. Colonel cooper has been prominent in State and Ma sIonaI noiiticr for years. He was friend of President Mckinley, or Pres- ident Cleveland and of President Roose- yelt Years ago he brought Carmach to Nashville as an editorial writer on The American. which Cooper then own. ed But those who know say that .ne men were never very frienoiy anu ., rarnack became connected with Ti- vaI notification. In politics they oe- /tonged to rival factions. Even coop er,s friends admit that he is domi : uatina mana man who has been Wont to command and who liked but hltis those who opposed him. Carmack nag ideas of his own, too. ana wa "o' backward in expressing them. A
 There was no serious difference De- +wean the men until the recent guner- material campaign, when earn acM op- oosed Patterson for the ofnce. The IS sua was Statewide prohibition, Wiui Carmack advocating 1t ana Fa.teIson . ! onnosing it. Carmack realized tnat he was beaten. but he was eonnoers . p.. .ass' ss,.' .cn forces rallied to defeat this plan Tsarmaclx As editor of The Tennesseean Sanounced these efforts and criticized CoIonel Cooper editorfalfys The latter SUho managed Patterson's campaign, sent word to Carmack that he wouio kin the editor if the attacks continueu, Carmack told his friends tnas ns he would be branded as a coward all aver the State, consequently, he would 1ef,Ise. The next editorial th&t car mack wrote, resulted in his deatn' ,,
 The Cooper forces swear they VII make out a clear case of self-defense' srhe State. on the other hand, claims that It viii prove that the killing was the result of conspiracy to assassi- nate The feeling In the State IS in- tense and sentiment Is nearly equaily divided. Threats have been made. by fhe irresponsible of both sides. or wna' fhey will do. should the defendanta be acouitted or convicted. but no one takes them seriously.
 The greatest difficulty will De expe- rienced in securing a jury. The law .nroyides that any one who has talked with a witness or talked with some one who purports to tell what the witness saw or heard, is disqualified as juror The Supreme Court has held that man who reads what purports to be verbatim newspaper reports of the tes' timony disqualifes himself. The de- fense applied for bail, forced the State to put it's witnesses on the stand, and then several newspaper printed steno- RranhIc reports or 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