Evening star., 1909-03-06
.B|NN|NG IS ARRESTED
Witness for Cooper Defense
Charged With Perjury.
SW0RE HE SAW TRAGEDY
Testimony Expected to Close Today
and Argument Monday.
MRS. EASTMAN'S TALE UPHELD
She Did Not Talk to Morgan, De-
clares Mrs. McCrory-Senator
Calm Before Killing.

| OF >. j. Blnning. a. ne" WltHeSS loI
the defense in the Cooper Sharp trial on
a charge of perjury.
! This makes the third arrest for per-
| jury since the beginning of the trial on
January %
The others accused are Tom Cart rtwright.
former sheriff of this county and d
| friend of the defendant. John Sharp, and
! j. S. Leigh. Farmer Cartwright and
| Leigh are accused Of committing perjury
in testifylng as to their qualifications to
become jurors.
| 1t was announced by Attorney General
NIcCarn. as court adjourned yesterday.
that the state intended to call only one
or two witnesses this morning and that
then it would be through. 1t is understood
that the defense has only a few witnesses
in Surrebuttal.
| Judge Hart said that matter II all
the evidence was in on both sides TINS
morning he would not permit argument
to be begun until Monday
Arrest Causes Stir.
Binning's arrest caused stir in the
downtown districts of Nashville. The
way in which the state had riddled his
testimony while he was under cross-ex-
animation Thursday and again yesterday
tHo tcStluolS VI IopulooiS
witnesses had put Binning's name on
the tongue of the town. when the news
of his arrest became public.
The defense sprang Binning Monday
His story was that on the afternoon OF
November 9. 1908, he went TO the busi-
ness office of the Tennessean to COM
plain about not receiving his paper regu-
larly. He saw Senator Carmack. to whom
he had been introduced q year previously
The senator left the Office and Binntng
|
about half a block from the scene of the
tragedy. He saw the senator's right
hand holding pistol In his overcoat
pocket and he seemed to be twirling the
cylinder with his thumb.
A few minutes later the killing was
taking place. Binning, who said he had
walked north through 7th avenue in the
direction the senator had taken, looked
over his shoulder long enough to see the
senator standing in the position which
had been described by Robin Cooper and
John D. Sharp when they were on the
witness stand.
State Suspicious.
The suspicion Of the state was aroused
by Binnings tale An investigation was
started. and yesterday two witnesses tes-
titled that Binning said to them the even
ing Of the tragedy or on the morning fol-
lowing. II missed the killing by five min
utes.' or "If I had been five minutes
sooner l would have seen the killing"
1t was learned after the arrest of Bin
ming that the state after the adjournment
of yesterdays proceedings In the trial
received further Information which de-
termined the attorney general in taking
immediate action.
Binnfng Is an unlettered man. but his
own record of himself is that he served
two terms as police magistrate of South
Danville, Ill.
l,A
years ago He lived in houseboat on
the Nashville river front until the boat
| rotted and sank
His chief means of livelihood since he
came here. he swore. was buying logs
up river" but he couldn't while on the
witness stand give the names of any
persons with whom he had ever had
dealings.
The accused was admitted TO bail a
couple of hours after his arrest
Evidence as to Poles.
Before the first witness was called by
the state today Attorney General Garner
rose and said
after careful examination Of the rec
ord We find that no testimony was intro
duced as to the relative location Of the
telephone posts at the scene of the kill
ing. The court agreed that If such tes-
tlmony had not been introduced we were
~ Dc W pIOSe IL III TeDulIdI
II believe that would be proper, gem
eral, replied the court.
Well put in Judge Anderson I'VE
were able to find it. Mrs. Eastman testi-
fled and SO did Mr.. Cole
Judge Anderson then read the testimony
of these witnesses. Gen. Garner replied
that these bits of testimony were SO scat
| tered through the evidence and so dis
jointed that no juror could tell how the
poles stood.
Theory of State.
The significance of the defense's objec-
| tion to the testimony lies in the fact that
If the state gets its theory of the locat
Of the POLES before the jury it will try TO
demonstrate that Senator Carmack could
not have shot Robin Cooper by firing be-
tween the poles, as the defendants say
lie did. The court said he was inclined to
think that the state had gone into the
question enough.
Then Capt. FitzhuRh offered some
photographs of the poles taken the day
after the killing. These, too. were ex-
cluded. Then the state called G. II
Farrell.
Farrell is employed in the Tennessean Il
Office and Oh the afternoon of the tragedy
saw Carmack go into the drug store
across the street. He went to the drug
store a moment later.
Was Senator Carmack in the business
Office before he left the building that
afternoon" asked Gen. Garner
.'Iie not
'Iie was not in the business office then
how long were You there"
From l pm. that day on
Benning. who was arrested for perjury
last night. swore he Carmack in
The business office of the Tennessean
that afternoon.
Gen. Washington tried to confuse Far
rell. but failed.
As to Carmack's Demeanor.
Mrs. G. II. Williams saw Senator Car
mack at Church street near eth avenue
few moments before he was killed
She spoke To him. and he helped her on
the car and talked TO her until the ear ar
rived.
What did he talk TO you about?'
The defense objected and was sustain
ed
What was his mannerc
Very calm and pleasant
AS he helped you on the did he
say where he was soing?"
He said lie was going home"
How long after his leaving you did you
hear Of his death?"
When the car got nearly to the Union
station. about twenty minutes, / imagine
Mrs. Williams was not cfOSS-eXamined
Mrs. Eastman's Story Sustained.
When she was excused Mrs j. c. Nc
CrOry was called. She said she had lived
here fifty-four years, and knew Mrs. East
man and Miss Fort
She saw Mrs. Eastman near the Polk
fats entrance few moments after the
shooting and accompanied her to Miss
Forts apartments, holding one of Mrs