The Topeka state journal., 1909-02-17
Taking of Testimony Pegins in
Trial of COOpers
For the Murder OF Senator Car.
mack at Nashville.
THE DEAD MANS WIFE
Is the First Witness Called. But
Is Soon Excused.
Mrs. Eastman Gives Dramatic
Recital OF the Shooting.

Nashville, Tenn, Feb. 17.-FiIled with
dramatic incidents and marked by
scenes that bordered on the sensational
was the first day of the actual trial of
the Cooper-Sharpe case. Whether Col.
Duncan B. Cooper, Robin J. Cooper
and John Sharpe killed former Senator
E. W. Carmack in self defense or as a
result of a conspiracy is the issue.
Scarcely had the attorneys been raped
into order-the judge has broken two
gavels in the work thus far-than the
first sensation was produced.
Mrs. z. W. Carmack, the slain sena-
tors widow, was half carried half as
sisted into the ROOM She was gowned
in deepest mourning. Her knees gave
way as she neared her seat and she
was moaning as she was placed in her
chair Her little son. Ned, jr. aged
ten, stood by his mother. patting her
shoulder and trying to keep back his
tears. Great surprise was caused when
the state called Mrs Carmack as it's
first witness. She was almost carried
to the witness stand by her kinsman,
Frank Lander, who succeeded her hus-
band as editor of the Tennesseean. A
few questions were asked but she be-
came hystericaI and was excused
As Mrs. Carmack left the stand,
young Ned Carmack turned sQuarely
toward the defendants and fixed upon
them a look full Of hatred.
The state next called E B. Craig.
former state treasurer, who testified to
his close relations with Senator Car
mack He said he spent all Saturday,
November Z, Sunday, November 8, the
day before the murder, with Senator
Carmack- He saw Colonel Cooper the
evening of November s. at the Tulane
by appointment After discussing the
personal matter which led him to meet
Colonel Cooper, the later began to dis
cuss the editorials in the Tennesseean-
Colonel Cooper was greatly agitated
and very angry. He said-
I am an old man. a private citizen
and if my name again appears in the
Tennesseean, I or Senator Carmack
must die-,,''
The state introduced in evidence the
Tennesseean of November 9, containing
the editorial article on Colonel Cooper
which led to the murder and which re-
ferred to Colonel Cooper as the ''diplo-
mat of E Zweibun:"
The paper was identified by Craig
The defense passed cross-examination
and Mrs. Charles H Eastman, who was
speaking with Senator Carmack when
he was killed was called.
Mrs. Eastman told how she met Car
mack and identified the exact spot
Senator Carmack came swinging
along'' said she. His eyes lighted up
with a pleasant look and We both stop
ped He raised his hat and was look
ing into my eyes in a listening attitude.
Suddenly from behind me came a voice
saying:
/" wei. here you are. We have the
drop on you now
Did you see any one?"
NO, sir. The voice came from be-
hind and very near to me-
What did you do"
Nothing. I saw Mr. Carmack with
hat still raised. look over my shoulder
with a look Of surprised inquiry. As
he did so. he put his right hand back
into his pocket and drew slowly a pis-
toll. It seemed to catch 1 put my
hands to my face. Then the voice be-
gan behind me and it said: You cow
ardIy scoundrei. hiding behind wo-
mans skirts, are you? Get out, you
bastard
when I saw the revolver L jumped
to one side and turned. The revolver
in the senator's hand was upside down
That is, he held it by the barrel
The prosecutor sent for the revolver
and the witness gave a dramatic Illus
tration of the senator's position.
II put up both hands" she said, and
jumped back 1 heard the shot and
turned. I thought I recognized Dr.
White as the man with the revolver
and I screamed; MY God, doctor, oon
shoot. please don't 1 then recognized
that it was Colonel Cooper. Then 1
sprang against the fence and saw
Young Cooper and heard two other
shots fred SO rapidly that thought
they were simultaneous
young Cooper was standing near me,
his arm extended as though in the act
of firing a pistol Senator Carmack was
living in the gutter in a pool of blood
and I turned and denounced Colonel
Cooper"
what did you say?"
II said he was brutal murderer, that
he had taken advantage of my presence
TO kill a man without giving him the
chance of a dog; that I'd rather be the
dead man in the gutter than to be
him"
when the state concluded with Mrs
Eastman. the court adjourned.
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