Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-02

and appearances were"
The defense objected and was sustained
Then the states attorney said;
II want to argue on that. WIN you send
out the jury?'
Jury Sent Out
Take out the jury" said the court.
I Now" said the court, ''let the major
tell all about the meeting and let me
Judge"
when Marshall told me Carmack
wanted me. 1 inquired where he was. He
said at his office l went in to the office.
The senator was alone. / told him I'M
| derstood he wished to see me and he
, said yes. Then he said in substance:
az have received a threatening mes
sage from Colonel Cooper, who said that
If / used his name again one or the other
! of us must go. l got the message from
Craig
After that message there is nothing
for me to do but to put his name in
again, and it goes in tomorrow.
Quotes Carmack'S Remarks
~ do not think there will be any
| trouble the senator went on, for have
never given him any cause to make
/ trouble, but my friends insist that arm
myself. l do not see any use in it, but L
an willing to oblige my friends. This
| is Sunday night, / have no revolver and
cannot buy one. VIII you lend me one?'
81 replied that would and gave him
THAI pistol. He said he didn't know how
to use it, 1 told him II was a self-act-
| ing revolver and all he had to do was
to pull the trigger. removed the loads
and demonstrated the use of the
/ weapon"
What was Senator Carmack's de-
meanor?" -.
"Quiet and calm"
Did he denounce or attack Colonel
| "copper" a.
"No, sir"
Where did he put the revoolver2"
I'm his hip pocket"
Was the scabbard on it?"
1T was"
Counsel Makes Objection
what did he say he said to Craig?"
THAT this was not the first threaten
ing message he had received from
| Cooper"
"You object to all this?" asked the
| court.
I'VE object to all except that the SEN
/ ator put the revolver with the scabbard
on It in his pocket. TO all the rest,
we object because it was not communi-
Gated to the defendants" retorted Judge
Anderson.
| Another lengthy and warm argument
! followed which the court heard patiently.
| The states contention was that the de-
Tense had tried to prove by Craig that
Senator Carmack was in An ugly bood'
that he sent for a revolver and that he
lbegan the attack.
/ In rebuttal, it offered the proof that
| the senator was not, in an ugly mood:
that he had firm belief that there would
/ be no trouble; that he wanted a revolver
only TO satisfy his friends, and that he
didn't even know how to use it.
| Judge Hart said the question was most
/ important as it affected the states re-
buttal case. He declared he wanted all
the light he could and would hear further
argument after luncheon. Court then adj
! journed until p. m.
NIGHT BEFORE SHOOTING
AT CARMACK'S OFFICE
! NASHVILLE, Tenn, Feb. 27.-After
the luncheon recess Friday the state
raised a new question: Can a witness for
/ the defense give evidence for the state?
! Both sides then submitted authorities and
| decisions which the court examined.
Judge Hart decided that the state was
not confined to the questions asked by
/ the defense of the witness, but that the
( witness might testify to things not
/ brought out on direct examination He
! ruled, however, that Major Vertrees
| could not testify as to what transpired
/ in Senator Carmacks office the night
before the shooting. This is the hard
est blow yet struck at the state, as it
shuts off the attempt to show that Sena-
/ tor Carmack scOffed at the idea of
trouble.
The state then resumed cross-examin-
alton through Attorney General Garner,
! How did Senator Carmack receive you
! that night?"
/ Very pleasantly"
How long were you there in his Of
] fee before the pistol was mentioned?'
/ Not very long, for l soon asked him
what he wanted to see me about"
did his appearance indicate anger or
ugliness?"
''It did not"
= The state made several more attempts
| TO elicit something concerning Carmack's
mental attitude the night before the kill
ing but attempts were frustrated by the
( court.
did anyone ever object to your telling
the whole truth about this case?"
Never. l asked the defense not to
use me, but made the attorneys promise
that If they decided to use me. they must
give me notice in time for me to consult
! with attorneys for the state"
''The shield or scabbard on the gun
would remain in the pocket when the re-
yolver was drawn, would It nOt?''
Unless it were held upon the revolver
barrel by the hand il would remain ia
! the pocket"
When Major Vertrees was excused, the
state again asked for list of the de-
fense's witnesses list was handed
to the attorney general and the defense
called r. T. Creighton, a civil engineer.
who made a plat of the scene OF the
crime and swore 10 the accuracy of his
| measurements
4 List Not Complete
The counsel for the state scanned the
list of witnesses eagerly. but smiled
when they realized how incomplete il
was.