The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1909-03-08
LAYERS BEGIN
TALKING TO-DAY
Cooper Trial Reaches Its Argument
i've Stage-Who Fired the
First Shot7

Nashville, Tenn, March s.-who
fired the first shot and the question of
what were the Coopers doing on Sew
enth avenue, the street which Sena-
tor Carmack had to traverse, about
the time he was In the habit OF going
to his apartments? are the two points
that will be holly contested In the
arguments which will begin today in
the Cooper-Sharp trial.
Mrs. Charles Eastman, who is the
only witness to the shooting aside
from the principals, and over whose
shoulder, practically, the shots were
fired, has sworn positively chat Sena-
tor Carmack began to fall from the
bullet wounds which killed him be-
fore he had his revolver fairly drawn.
On the other hand, Colonel Cooper
and Robin swear that Carmack fired
first and was preparing to fire again
when Robin began to work the deadly
automatic pistol.
The defense built up q strong ex-
cuse for the presence Of the Coopers
upon Seventh avenue the afternoon Of
Nov. 9. 1t proved by Judge J. c..
Bradford, Adjutant General Tully
Brown, Governor Malcolm r. Patter-
son and both the Coopers that, as the
Coopers left the Bradford Office few
minutes before the tragedy, and after
the memorable conference at which
Colonel Cooper agreed to drop the
quarrel or leave its settlement to mu-
tual friends, Governor Patterson call
ed General Brown on the telephone.
Brown says the governor asked for
Colonel Cooper; that he went out and
called the colonel back from the
street and that the colonel came back
and talked to the governor over the
telephone. The governor says be ask
ed Colonel Cooper to come to his
mansion in 25 minutes. The defense
says it was while the Coopers we're
going there that the meeting oc-
Cured.
But Mrs. Blake, stenographer. and
Charles Hayden, prominent busi-
ness, man swear that when Colonel
! Cooper left the office, after the con-
ference, he was not called back by
any one Both sat In the outside Of
flee, which was the only means Of In
gress and egress from or to the Brad
ford private Office, in which the con-
ference was held. And further, Miss
Daisy Lee, Judge Bradford's private
secretary, swears that not only was
the colonel not called back to the tel
ephone by General Brown or any one
else. but that there was no incoming
| telephone call during that conference
or after it until she heard Colonel
Cooper's voice say, els that you
Jim? Well, Robin has killed Car
mack" It was her duty to answer
the telephone, and she swears no call
could come in without her knowledge
She did. however, hear Colonel Coop
er. at Judge Bradford's suggestion
call up the governor, but did not hear
what was said.
Under the laws of Tennessee a
threat communicated to a person JUS
titles the latter in killing the maker
of the threat, provided only that the
latter commits some overt act when
the parties meet In this connection
II may be interesting to quote Judge
Harris comment in ruling on the ad
instability Of testimony tending tc
show that Colonel Cooper, after the
conference, had agreed to let the
quarrel rest until settled by mutual
friends. The judge said:
There is no denial that Colonel
Cooper made threats. There is nc
denial that these threats were com
municated to Senator Carmack. There
is no doubt that Colonel Cooper com
mitted an overt act when he turned
around on Seventh avenue and sought
the senator Now had Senator Car
mack killed Colonel Cooper. II would
have been clearly and beyond doub
a case of justifiable homicide. Blu
Carmack did not kill Cooper. Instead
he was killed. Hence 1t becomes
proper to show that Colonel Cooper
had abandoned his threat to kill Car
mack. II Cooper had been killed ant
Carmack were on trial, it would no
be proper to show this cause, because
Carmack had no knowledge of thu
change of mind on the part OF Coop
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