The Montgomery advertiser., 1909-03-03
Certain Rights Are Re- served, However. NEW WITNESSES TESTIFY
 IN THE COOPER TRIAL Adjutant General Brown Tells of
 Conference. The Prosecution Concentrated Its Fire Yesterday Upon the Part Judge Bradford Played in Prepar-
 ing Famous Statement
 EOr PFesss

Nashville. Tenn, March 2-The de- fense rested its case in chief today in the trial of Colonel D. B. Cooper. Robin J. Cooper. and John D. Sharp, for the slaying of former United States Sena- tor E. w. Carmack.
 That is. 1t rested with reservations. In making the announcement. Judge Anderson. of the defense's counsel. spe- officially stated that. should the State cross-examine any of the defense's wit nesees not heretofore put upon the grill, the defense would reserve the right to introduce new witnesses on any new issues which might develop. A moment later. Attorney General Mo- Carn. for the State. asked an adjourn ment to a. m.. Thursday, in order that absent witnesses might be brought on. He stated that he would probably recall some of the States witnesses for cross- s-examination on Thursday, but would recall them be- fore he began his case in rebuttal. This Is taken to mean that the defense then will reopen its case-in- chief.
 The testimony today was very tech nical. Dr. Glasgow was recalled to de- scribe again the wounds on Senator Carmack's body. Dr. Duncan Eve was then called to say whether or not the wounds described by pr. Glasgow would have been instantly IatA1. TIC said they would.
 Al1utant General Tully Brown. who attended the conference in Judge Brad ford's office an hour before the shoot ing, described what took place there, as did Judge Bradford himself Gen. eral Brown was not Cioss-examined, but the State did not let Judge Brad ford escape. The prosecution concen- trated It's fire upon the part he played in preparing the famous statement for the press the night of the Killing. Judge Bradford said he was at the police station that night. saw w. J. Ewing, editor of The American there with a stenographer. and heard several men giving information. He deciIred. however, that the only part he took in the affair was to write out in long hand all the facts in the case of which he had a personal knowledge. This memorandum he gave to Ewing TOT use in the press. Later he prepared , brief which contained the theory or the counsel for the defense as to how the shooting occurred. He claimed ne always was friendly to Carinack anu denied that he was waiting al the teie- phone that afternoon for message ,o come, telling of Senator Carniach murder. ras smaller than it has been any day since the case began The balcony was well niieo but down stairs only a few seats were occupied. The attorneys for the state were in their seats early but couhsei for the defense went Into conference just before court was opened and re- mained away until nearly 10 O'CLOCK.
 Upon their arrival in court they call ed pr. R. L. Thompson, a druggist who has store at Church street and Eighth avenue. across the street rom the Tulane Hotel and The Tennesseean offices Thompson was in his store the afternoon of the tragedy and heard or 1t about five minutes after 1t happened
 Did you see Senator Carnack pe- fore the tragedy"
 "He came into my store about ten minutes before I heard he had been killed"
 What did he do?"
 "He bought a soft drink and a cigar"
 ''Then what?"
 He left the store and went east on Church street towards Seventh"
 That's all"
 We may recall this witness for cross examination but excuse him now," said Attorney General Garner.
 W. M. Setter Called.
 Gall W. M. Setter" said General Washington, of defense.
 q wish to ask if MT. Setter has not been in the court tTOOUn all IHe tllllo
 Part of the time" said the witness.
 You did not hear pr. Carpenter testify yesterday as to the noise made by the discharge of revolver?' said Judge Anderson.
 "No, sir
 The witness said he was assistant superintendent of the city workhouse and was an expert on firearms. He had carried a Colts automatic since Ia hat . bullets fired from one were not steel 1acketed but were covered first with copper over the lead and then with some hard composition. He said he could cut one of these bullets with a knife and did so.
 That's all." said General Washing ington. know their mechanism" inquired Gen eral Garner for the State.
 "I am." { Can you tell whether the cylinder of a Smith and Wesson .3s calibre revolv- CT can be turned by the finger without pulling the trigger"
 Some can; some cannot"
 "I hand you Senator Carmack's re- volyer. Examine 1t and tell whether or not the cylinder can be reVC-ved without pulling the trigger.
 The witness experimented and said:
 Tt can be turned only by pulling the trigger" ...-
 This fIatIy contraiicts the testimony of & J. Benning yesterday who swore he saw Senator Carmack testing his revolver a few minutes before the tragedy by whirling the cylinders with his finger. ly an automatic revolver can be fired and explained that black powder cartridges left smoke. The defense said:
 We concede that Senator Carmack's gun was loaded with black powder"
 Do you concede that Colonel Cooper's pistol was loaded with black powder too?"
 Not yet. We may later"
 What Mrs. Eastman Said.
 The witness was excused and w $ Morgan was sworn. He was in his room in the Polk apartments overlook ing the scene of the tragedy the after noon of the killing. His rooms, how ever, were not on the Seventh Avenue side and he could not see the affair