The Birmingham age-herald., 1909-02-25

~------->-->---~>@>- to tell him that unless the attacks ceased I would expose his public and private affairs, and then I don't think the town would have been big enough for both of us."
 If this was what you meant why did you arm yourself?'
 For the same reason he armed him. self to protect myself"
 The witness was pressed to tell what passed between Craig and himself and if he believed Craig when the latter said Your name will not appear again,
 q believe he believed it
 But within an hour you went out and armed yourseif?"
 'I did"
 You are in politics?'
 Not since 1896, when I was state sen- ator"
 You owned The American"
 Several times in my life.'
 Made Politicians.
 Did not that paper say you made and unmade more politicians than any man in the state?'
 Tt may have"
 Didn't you bring Governor Patterson into public life?'
 T did not"
 Did not your power and work appeal so to your friends that they seriously considered creating the office of state au- ditor for you?"
 T would not have the office at any time"
 Did you ever read this editorial in the American?
 Witness took the paper. General Wash ington remarked, We don't know what it 'is, but we object to 1t anyhow"
 "I never saw 1t before," said the wit ness.
 This editorial urged Colonel Cooper 8 appointment as state auditor if the place was created. Likewise 1t urged the erea- tion of the office.
 That editorial was published without my knowledge or consent" It was ruled out. The witness was asked If he put any money in the Lan- eet, weekly paper, He said he had not, but was an advisor of it, Then he was called upon to say if he knew of an editorial denouncng Governor Cox most bitterly during the Patterson-Cox cam paign four years ago. The defense ob- jected The state claims that the edi- torial in the Tennessean charging that Colonel Cooper had made peace between Cox and Patterson, which made Colonel Cooper so angry and started the trouble was based upon the editorial in the Ian cet, Coopers own paper. or one in which i he exercised some control ''The defense holds that whether or not the Tennessean editorials were iusti- fable is not an issue" said Judge Ander- son. Tt Is merely what effect did it have on Colonel Cooper's mind"
 Long Argument.
 A sharp argument followed and the court ruled out the editorial because if mentioned the names neither of the de- ceased nor the defendants. The state begged for a chance for more argument and the jury was sent out. Counsel for both sides argued till the shadows grew long and the court tired. The gayel fell and the judge briefly announced that he cluding the editorial from the jury The ruling but without avail. but induced the judge to reserve his decision until to. morrow The attorneys for both sides seemed angry so Judge Hart said: T will adjourn court now and if yor want to fight you can go out and fight all you want to. Hereafter too wher counsel make an objection, it must bs made by one lawyer. Here We have spent our time listening to speeches, and fl must stop"
 'If you will force the state to oompl, with that order we will do so," sait Judge Anderson. All right remarked the court
 I'm going to force you all to do it | l like oratory, but I'm getting surfeted. | Court then adjourned until o'clock to 1 morrow morning.