The Birmingham age-herald., 1909-02-17

| man The witness told this and de- scrlbed her walk on the fatal ninth of November from her house to the 1 spot where the senator was slain. She told how she met MT. Carmack and identified the exact spot.
 We were walking very slowly, and we met about two feet from the wall which devides the Polk flats from the adjoining property she said. Sen ator Carmack came swinging along. N's eyes lighted up with a pleasant look of recognition, as though about to stop and talk. We stopped together. by mutual agreement as it were He was a little south of me. He raised his hat and held it and was looking down into my eyes in a listening attitude. His hat was in his right hand. above his head and cigar in his left hand. l had begun sentence and he was ab sorbed in it, when from behind me came voice saving: We'll here you are We have the drop on you now
 Did you see any one?a
 No. sir. The voice came from be- hind and very near to me-"
 What did you do?"
 carmack Surprised. Nothing. l saw Mr. Carmack with hat still raised. look over my shoulder with a look of surprised inquiry. As
  into his pocket and drew slowly pis- tol. It seened to catch l put my hands to my face. Then the voice be- gan again behind me and it said: i You cowardly scoundrel, hiding be- ! hind a woman's skirts are you? Get out you dastard.'
 When I saw the revolver 1 jumped to one side and turned
 What position did the revolver occupy in the Senator's band2'
 It was upside down, that is he held it by the barrel"
 The prosecutor sent for the revolver and the beautiful witness gave a dramatic illustration of the Senator's position. Rapidly and clearly, with dramatic fire that was remarkable, she re-enacted the tragedy in detail. There was not a whis- per in the court room as she, standing ! on the platform. or sWerving rapidly around, pictured the killing.
 Don't Shoot, Don't Shoot" i T put up both hands" she said, and l jumped back like this. I heardi the shot and turned; l thought l recognized Dr White the man with the revolver and l screamed like this: My God, my God Doctor, don't shoot Oh, don't, don't please don't l then recognized it was Colonel Cooper.
 Then l shrank against the fence and J heard two other shots fired so rapidly that l thought they were simultaneous.
 Young Cooper was standing near me- l his arm extended as though in the act of firing pistol I was fearfully wrought l up. Senator Carmack was lying in the gutter, in a pool of blood and I turned and denounced Colonel Cooper 1 What did you say?"
 T said he was a brutal murderer; that he had taken advantage of my presence to kill a man without giving him the i chance of dog; that l had rather be the dead man in the gutter than him. l What did the boy do then?" 1 He walked over, looked down at Car mack's body for a minute and then walked to his father and put his arm around the 1 latter. They walked away. Up to the time I went into the Polk flats I did not know the son was implicated in the i shooting"
 Interest Is Intense.
 The crowd in the court, despite the eff forts of the officers, surged up to the rail to better catch the witness words and l gestures. The rear line of jurors stood 1 up in the box, the better to see and leaned far over the shoulders of the six in front. As the witness finished her story and sank back into her seat, there was a murmur and some one clapped hands once, but an officer quickly suppressed the demonstra- | ton.
 The witness in answer to questions said that when Senator Carmack fell, he still had the pistol by the barrel, upside down, clumsily in his hand She also said that | after the shooting, Young Cooper put something into his pocket under his over | coat.
 During the dramatic recital Mrs. Car mack lowered her veil and put her head on her sisters breast Two of her friends famed her while another held her hands.
 When the state concluded with Mrs. 1 Eastman court adjourned until D. m for luncheon.
 Cross-Examination.
 After the noon recess General Wash ington, of counsel for the defense, began to cross-examine Mrs. Eastman. The witness was perfectly at ease. The ques- tions were aimed to show that Colonel Cooper could see Senator Carmack draw his revolver and as he did so, Carmack | stepped to one side so that she was di- rectly between him and Colonel Cooper.
 T think MT. Carmack started toward l Colonel Cooper and between the colonel and Robin Cooper. I know now that Mr. | Carmack was shot from behind by Robin Cooper and lurched out into the street." said the witness.
 You did not see Colonel Cooper fire a shot or have a weapon in his hand?
 No, sir.''
 You did not see Robin Cooper fire a shot or have weapon in his hand?" No, sir.'
 And you did not see Senator Carmack fire a shot?"
 No, sir.''
 "Is your sight good?'
 Splendid thank you, general" retort- ed the witness, smiling.
 You saw the pistol and heard the voice and you thought there would be a fight?"
 \ Yes, sir.
 Who did you think would fight?' | T presumed that the man behind me who called the senator a coward and told him to get out from behind my ] Carmack would defend himself if he got l chance"
 | Didn't Turn Revolver.
 General Washington pressed the wit ness to tell how long 1t would take to turn a pistol from barrel to handle. i She declined to say and. pressed, arose dramatically and exclaimed:
 "Pll tell you, General Washington, I don't know how long it would take to reverse the revolver, but as far as I know MT Carmack never reversed that revolver, but fell dead with 1t held by the barrel in his hand
 At D. m. General Washington desisted and had not made the witness contradict herself on even the slightest detail. The 1 state then questioned her a little fur ther to prove that the crime was com l mitted In Davidson county, Tennessee, | and then excused her.
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