The Montgomery advertiser., 1909-03-01
LAWYERS KEPT BUSY
COUNSEL. IN COOPER TRIAL LA
 BOR ON SUNDAY.
It fl. y,npussfble to Forecast How Ixenx the Trial Wnl Last
 Msi,y More Witnesses to

Nashville, Tenn, Feb. 28.-Sunday was 8 busy day for counsel on both sides of the Cooper-sharp trial for the slayine of former United States Sena- tor E. W. Carmack.
 The adjournment at noon Saturday over until Monday. was welcomed by every one. It concluded the sixth week Of the trial and the tenth day of ac- tual testimony. The State has offered testimony to show that Senator Car mack received threats that unless he omitted Colonel Coopers name from the columns of The Tennesseean. eith- CT he or Cooper would have to die. Its witnesses told how the Senator. while in the act of speaking to his friend and neighbor, Mrs. Eastman, was started by hearing Colonel Coop CT say: "So there you are; we have the drop on you"
 tor was in the act of raising his hat when the hostile voice was heard, that he partially drew his revolver. that before he could use it. he was shot and fell into the gutter dead
 On the other hand. the defense thus far has offered testimony to show that Colonel Cooper saw Carmack by acci- dent while his son Robin tried to lead him away; that he turned and said
 
 Robin Cooper followed his father: that the moment Carmack heard Colon ell Cooper's voice. he (Carmack). drew his revolver: that Robin Coop CT sprang between his father and the Senator, received the bullets aimed at the elder Cooper and then shot and killed Carmack in self-defense
 The testimony against Sharp is largely circumstantial. He met the Coopers a few minutes before the trag- edy, accompanied them within 100 feet of the scene of the shooting and walk ed away. young woman of unim- peachable reputation. Miss Skeffington. State Librarian. swears that as she neared Sharp. she heard the shots and asked what 1t was. In reply, she claimed Sharp said: That Is Dune Cooper killing Senator Carmack."
 On the other hand Sharp swears he turned around. saw the tragedy and when asked by Miss Skeffington did not say: That Is Dune Cooper killing Senator Carmack." but did say: Shoot ing" and when the woman asked "Who is shootIng2" he said-havinE seen it-"Shooting between Carmack and Cooper"
 The case thus far has been so full of surprises and contradictions that 1t Is impossible to forecast how long the trial will last. The defense has some sixty witnesses waiting to be heard, while the State has hfty-two. How many of these will be called. not even the attorneys know. The court has re- served decision on two points, and un- til these are handed down. nothing definite on either side can be an- nounced. It Is very probable, however, that 1t will be two weeks yet before the arguments will begin. It is just as probable that the arguments will last week. for over a score of at torneys are engaged in the case and each one expects to address the jury.
 Meantime the jury. made up of farm CTS. used to outdoor exercise, Is chaf- ing under the restraint and its mem bers are continually asking for more exercise" This was called to the at- tention of Judge Hart yesterday. and he ordered the sheriff to take the twelve men out walking twice each day, regardless of weather.