The Birmingham age-herald., 1909-02-19

ness: How many shells does an auto matic revolver hold?"
 Nine; eight in the clip or magazine and one in the chamber
 On redirect examination the officer said he picked up an empty shell near the scene of the shooting. Where he picked it up was several feet behind where Senator Carmack stood when the firing began. This would sustain the states contention that Robin Cooper shot from behind Carmack. The effect of the testimony however. was weakened by the witness admission that he picked up the shell half an hour after the shoot ing and that great crowds had sursed over the vicinity. The other two shells and the bullet that came out of the sen ator's mouth were never recovered.
 pr. R. k. Fort, to whose infirmary near the scene of the tragedy the two Coop CTS walked after the shooting, detailed how the defendants came to him.
 Cooper's Wound.
 Robin Cooper had a pistol shot wound in the right shoulder just above the col larbone," said the witness. q dressed the wound There was no point of exit and assume the bullet is still in the young mans shoulder.
 When I started to dress the wound Robin asked for tobacco and cigarette paper. l got them out of his pocket and found in his overcoat an automatic re- volyer. A bullet had passed through the left sleeve of his overcoat but had not touched his person."
 Did you hear Colonel Cooper use the phone?"
 ''I did several times, but only once did l hear what he said"
 'To whom was he talking?'
 His daughter, Mrs. Burch. He called her phone and said: Daughter, it is all over. Robin has killed Csrmack. Robin is shot"
 "I told him to tell Mrs. Burch that Robin was not badly hurt, and had to repeat it twice"
 Was Robin Cooper near enough to hear this?''
 "He was"
 During Dr. Forts recital of this inci- dent Mrs. Burch's eyes filled and she began to cry softly to herself, shielding her eyes with her gloved hand
 On cross-examination Dr. Fort said he did not hear Colonel Cooper say: "I do not want any one to come in this room except the officers. l do not want to kill another man." He thought the re- mark might have been made and might have been called out by the intense excite ment and the crowd that was growing outside
 Main Testimony Ended.
 When Dr. Fort was excused the attor- ney general said: The state does not know whether it will offer any more tes- timony in chief or not We will know at ? D. m. l ask an adjournment until that time"
 Tt is granted" said the court.
 The state has 52 witnesses yet to tes- tify, but expects to use most of them in rebuttal of the self-defense theory.
 When proceedings were resumed after luncheon. Judge Hart rapped for order and said:
 Ladies and gentlemen upon several occasions l have noted you have a ten dency to applaud. In one instance the court suppressed it with much trouble. At the Request of counsel on both sides l ask you to desist from showing any feeling. l feel sure it is only necessary to ask you to refrain because I am confi- dent the display was due to thoughtful ness On the other hand should any dem onstration take place after this warning the court will be compelled reluctantly to resort to more severe measures"
 Coles Testimony.
 Without making any formal announce