Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-28
GOVERNOR CUT SHORT
Patterson Testimony Brief in
Defense of Cooper.
MUCH OF STORY EXCLUDED
Details of His Efforts to- Pacify
Friend Told Only to Court.
RESULTS q ONLY REACH JURY
Searched for Colonel at Daughters
Request-Advised Against Let
ter to Carmack.

NASHVILLE, Tenn, February 81
Two facts stood out. strongly today in
the Compensatory trial for the murder
of former Senator E. w, Carmack.
One was the calling by the defense OF
Gov. NJ. r. Patterson. The other was
the failure of the state to cross eX-
anime him.
1t has generally been conceded that
however innocently-Gov. Patterson
was one of the remote causes of the
killing. Carmack ran against Patter-
son for the democratic nomination and
lost Col. Cooper. former patron and
friend of Carmack, supported Patter-
son.
The newspaper fight which began
then did not end until the morning OF
tina day of the tragedy. Throughout
the testimony in the case the name of
Gov Patterson appeared continually
and insistently. Finally Col Cooper
testified that the governor sought and
found him few hours before the
tragedy.
SO the defense called the governor to-
day - did it reluctantly, some say
gladly, according to others. The COVER
nor testified twice; once before the
court and again before the jury.
To the court he told how he was
called over the telephone by Col
Cooper's daughter, Mrs. Lucius Burch
What Mrs. Burch told him he did not
say but it is known that the girl was
in deadly terror and appealed to The
executive to use his influence to avert
a tragedy.
Search for Cooper.
Whatever Mrs. Burch said SO i'm
pressed the governor that he took his
private secretary and began a frenzied
hunt for Col. Cooper. commencing at
am. and ending at the Maxwell Hotel
at noon, where he found Cooper.
He described Coopers anger and his
declarations. and told how he Robin
and Attorney Bradford soothed the old
soldier and made him promise to let
friends arrange a peaceable settlement
Every interesting detail was revealed
Somehow the news got out that the
governor was to testify. Half an houl
before he was called the empty seats be
gan to fill. Soon one of the biggest
crowds of the trial damned the court
room.
The throng listened breathlessly to his
every word. The governor is trained
public speaker. He used his voice tc
splendid effect. illustrating his words
with gestures.
After he had told his story to the court
while the jury was out, Judge Hart de.
cided that the governor could not repea,
the conversation at this conference. but
might state the result of the conference
and describe Codpers demeanor
The state declined to crosS-eXamine to-
day. but reserved the right to recall the
governor later This decision followed a
long conference of the states attorneys
None of them would explain it.
Thompson First Witness.
The days testimony was begun by r
Leigh Thompson. who resumed the stand
for few minutes. He testified that a
shoting with the remark that it was
Carmacks, but that he had never seen
the senator wear a green hat
He said it was most unusually smoky
on the day of the shooting. Forest fires
had been raging and he would have been
unable to distinguish a blue steel pistol
half block away.
Would IL be possible for any one to
recognize a man standing near the scene
of the killing? John Sharp, on the stand
swore that he did
Il do not think So.
The state aimed to prove that it was i'm
possible for the Coopers to recognize SEN
ator Carmack nearly a block away
Roscoe Mathews. tailor, next told of
meeting John Sharp the afternoon of the
tragedy, corroborating part of Sharp s
testimony. He was cross-eXamined
briefly.
DIR. Richard Drake. whose Office was
across the street from the scene of the