The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-02-18
Discovered in Court Room.
Overlooked by Police
and Undertaken.
STATE BOLSTERS UP
CONSPIRACY CHARGE
Will Try to Prove Clothing Was
Tempered With-Patterson
May Figure.

NASHVILLE, Tenn, Feb. 1S.--Con-
fronting the attorneys for the defense
with flood Of new evidence, the State
today called seven new witnesses in
the trial Of Col Duncan 3. Cooper,
Robin J. Cooper, and J. d. Sharpe The
evidence which they gave was not ad-
kuced in the hearing for bail and sew
Srai witnesses called today were not in
Siuded in the list OF naTaes on the sub
poena list as read in the opening Of the
triaL
When the overcoat worn by Carmack
when he was killed was examined in
Court. in one OF the pockets was found
Sn all rubber shield, presumably used
10 protect the pocket from the barrel of
6 pistol. This was not observed by the
police, who searched his clothing after
the tragedy. The, only things found in
the oVercoat at the time was a maSa-
zine and small aand exerciser, used
10 prevent writer's cramps.
Blows to Defense.
The nature Of the testimony furnished
by the witnesses has been extremely
damaging, being to the effect that the
defendants, the two Coopers and Sharpe,
had applied epithets to CORNER Senator
Carmack. and usually with the conclud-
ing statement that he ought to be
dead and in he'll
Miss Daisy Lee, stenographer for J.
c. Bradford, uncle OF Robin Cooper, and
Miss DOME Braxton, domestic in the
home OF r. L. Burch, son-iR-law of Col
D. B. Cooper, dealt the hardest blows
to the defense.
Miss Lee swore that she heard Colonel
Cooper curse Carmack, and Miss Brax-
ton heard Colonel Cooper talking to his
daughter. One statement which she
testified the colonel made was to the
effect that Carmack was as liable 10
get killed as he was and that certainly
his daughter did not want him to lay
down his manhood.
These startling developments have
lent an added interest 10 the case If
this were possible. and the opening of
court today saw the chamber and gal
3erles packed Many spectators brought
their IunCheOns and were prepared TO
miss no detail of the days proceedings.
Important Witness.
1t was said today that the State had
one witness, a man from louisiana, who
was expected 10 appear and who, al
though his name has not been connected
with the case before. is said to be ex-
pected TO prove one OF the main sup
por-s of the prosecution. 1t developed
also that the State did not consider it
necessary 20 call w. II. Bray, the MIS-
souri, banker who was near the scene
or the killing at the time
The defense has kept the names Of its
witnesses secret, which fact has led
Prosecutor McCarn TO call for an order
from the court from each session to
have any witnesses for the defense dis
missed from the court room if any are
present To this insistence the attor-
neys Tor the defense have replied that
their witnesses viii be in court when
ReSded-
Widow is Spared
After the clothing worn by Senator
Carmack at the time Of the tragedy
was exhibited to the jury, the shirt, with
the ominoUs bloodstain on the left side.
ana me collar with the hole IN the back
ana also the two steel jacketed bullets.
Prosecutor Mccain asked that they be
removed before Mrs. Carmack returned
10 the court room, she having been
taken out 10 escape this ordeal
In all, hfteen witnesses were exam
tasd uring the second day Of the trial.
Fresh Charges.
The discovery Of the piece Of shield
or pistol holster in Carmack's clothing
while the garments We're being exam
ined IN court. leaves no question that
Ghe State VII try TO prove that the
Clothing has been tampered with since
. was locked up after the tragedy by
the undertaken The incident was made
much Of. by the defense, IL being APP
parent that il left a way open for the
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