Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-09


ted an overt act when he turned
around on Seventh avenue and sought
out the senator. Now had Senator
Carmack killed Colonel Cooper 1t would
have been clearly and beyond doubt
case of justifiable homicide. But Car
mack did not kill Cooper. Instead he
was killed. Hence It becomes proper
to show that Colonel Cooper had
abandoned his threat to kill Carmack.
II Cooper had been killed and Car
mack were on trial 1t would not be
proper to show this because Carlnack
had not known Of the change of mind
on the part of Colonel Cooper"
Opening Arguments.
Nashville, Tenn, March S.-After
Captain Fitzhugh had completed the
opening argument for the state this
afternoon in the case against Col. Dun
D. Sharpe, charged with the murder
Of former United States Senator E. w.
Carmack, Judge William Hart order
ed the jury Withdrawn and thanked the
spectators for their good order.
Captain Fitzhugh made strong and
striking argument. It lasted over five
hours and when he concluded he was
exhausted. The court room was pack.
ed to suffocation, the ventilation was
poor and even the spectators felt the
effects Of the vitiated atmosphere.
FitZhugh Is a dramatic orator and his
exertions left him nearly physical
wreck when he concluded. The young
Memphis attorneys speech Is consid-
cred masterpiece Of logical argument
and bitter invective and 1t had q no.
ticeable effect upon the jurors who
leaned forward and listened breath
lessly to every word spoken. Fits
hugh was a close friend of Senator
Carmack and he Is in the Gaze at
the special request Of Mrs. Carmack.
His peroration was especially drama
tic.
There will be many arguments
made to YOU" he said, ito touch your
heart. You will be asked to be gener-
GUS and sympathetic. They will talk
to you Of this boy Why, gentlemen.
he Is 81 years old and some of the
greatest achievements Of men have
been accomplished before q man Is 30.
And they will point to Colonel Cooper
as gentleman Of the old school. as
the last flower of the old southern
chivalry. Do you believe It? Was he
gentleman when he used that awful
language In the presence OF Miss Lee?
And when they talk to you Of sympa-
! thy, just look over there. You see In
sable garments the widow Of e. w.
Carmack. You see on her arm the To-
year-old boy who was the pride OF 2.
w. Carmacks life. Did Duncan Coop
er or Robin Cooper think Of this widow
or this boy when they shot down the
husband and father. Would It not have
been better ff Robin Cooper, instead Of
shooting the senator, had said to his
father, Father, do not kill the father.
Of this little boy; do not slay the hus-
hov Nd ~ uyff M
not. The question to be decided is
whether or not the law Is to be en-
forced. That question Is to be decided
by you. II murder is to be commits
ted In the streets Of our cities without
fear Of punishment, can you tell who
will be the next victim? The very
| liberty Of the press Is at stake, the se-
curity Of the common people. II all
rests with you and into your hands !
place 1t unreservedly Gentlemen, I
thank you"
presenting the states case, Captain
Fitzhugh said:
II have shown you that II Is MUIR.
der when a man takes a life upon a
sudden impulse. How much more Is
| II murder when mans heart is 80
full Of malice and revenge that he
spends all day Sunday and most Of
Monday devising the ways and means
Of taking the life of the man he hates
so bitterly?"
Captain Fitzhugh then took up the
threats Of Colonel Cooper against Car
mack. With dramatic force he repeat-
ed Coopers words to Craig:
| IF my name appears In the Ten
nessean again, Carmack or must
die,
"Think Of It, gentlemen, this man
who Is self-confessed lobbyist for
a railroad; this man who is charged
by reputable men with having en-
bezzled money intrusted to his care;
this man whose name had been band-,
ed about the state: this man whose
dark and devious ways have now been
uncovered, dared to send to an honest
and upright journalist the threat that
II his name appeared In the Tennessean
again, one Of them must die. Think
Of It."
"And when the tragedy was over
the defendants began to look for a
cause. And what did they find? That
Senator Carmack had referred to
that little bald d-headed angel, Dune
Cooper, had asked did the angel come
from above or below and was there
the smell of sulphur on his wings"
| The speaker said Cooper never OBJ
Il
mack Until after the murder.
He told his son that day after day
his name was used in the Tennessean
and that Carmack was shooting pois-
oned arrows at him and that 1t was
becoming uncomfortable They brought
only three editorials here and one Of
them was written October 21st en-
titled An Awful Threat"
He objected to this because his
name was mentioned In connection
with Ban Murray and two others. One
| of these he swore had been indicted and
the other, he said, was a gambler. He
had to admit the next day that the
man he swore was indicted had not
been. And as for the gambling, why,
| the colonel has been a gambler himself.
| But II is not on record that he ever
paid debt out of his large winnings.
Now, the second editorial appear
ed the same day and 1t never mem
toned Cooper's name-it simply at
tackled the machine. Cooper In his
note to Carmack said: I am pri-
vate citizen Yet as soon as the ma
chine is mentioned this private citizen
roars out in anger.
"The third editorial produced by
the defense appeared on Sunday, Mo-
vember 8th, and was entitled Across
the Muddy Chasm.' This editorial
simply repeats the charges that Gov
ernor Patterson and Governor Cox had
made against one another and says
Colonel Cooper is entitled to credit
for bringing the men together"
"All these things had been printed
in other papers and Cooper admitted
1t. Yet he never grew angry at any
other editorial-only Carmack.
"But we come to the day before the
killing. Colonel Cooper wrote some
notes-but the defense does not pro-
duce them. They lose them. There
is no original but an alleged copy Of
a copy for your inspection"
Fitzhugh passed to the interview
with ex-Treasurer e. B. Craig and af-
ter further bitterly arraigning Colonel
Cooper took up the fourth editorial
entitled 'The Diplomat Of the Zwei-
bund." This editorial credits Colonel
Cooper with bringing about the
great coalition" with grating the
dead bough upon the living tree and
making 1t bloom and burgeon with
golden fruit" etc.
Captain Fitzhugh explained the ed
itorial word by word and said that 1t
was humorous and bantering.
"And, gentlemen, this editorial ap-
peared on Monday morning, Novem-
L. ,4A MI