Evening star., 1909-02-26
DEFENDANTS STORY TOLD
Lieut.. Pitcher Tells of Finding Pistol
Said to Be Carmack's
BY EXTENDED HAND OF CORPSE
Defense Demands and Court Upholds
Right to Force State Witnesses
to Talk to Them.

states attack in the Carmack murder
trial upon the integrity of one Of the de-
fendants Col. Cooper. in his conduct as
clerk and master in chancery and as an
associate Of defaulting state treasurer,
took the defense by surprise.
They soon had special agents at work,
however. on that part of the evidence.
During last night several men arrived
from various points in the state-nen pre-
sulned to be able to throw some light
upon the charges.
These had been in conference with the
attorneys for the defense before court
opened today.
The states attorneys were not less oc-
cupied The decision of the defense 10
put Gov Patterson and Adjt. Gen. Tully
Brown upon the witness stand caused the
states counsel to go over last night the
stenographic report Of the entire testi-
mony.
Every reference TO Gov. Patterson and
Gen. Brown was transcribed again for
reference in cross-eXamination. AT least
some of the counsel for the state are bit
ter political enemies of Patterson.
Old Lady Brings Knitting.
The crowds which attended the trial
TODAY were as large as ever. Lunch
boxes have become the rule instead of the
exception
One old lady had her knitting with her.
She arrived early and passed the time
busily clicking her long needles.
When the court opened Col. Cooper re-
Sumed the stand and said:
II wish to make one statement. My
testimony yesterday as to helping an old
soldier with money, as l read 1t IN the
int II &c
was misunderstood. / am afraid 1t is
my fault.
only $50 of ii to the old soldier. Evl-
dently every one thought l said sl,OJ0
That's ALL"
Proceed. gentlemen" said the court.
That's ALL said Gen. Washington
Stand aside"
we want to use Sergt. Meadows next.
said Judge Anderson for the defense
He will be here in twenty minutes. Will
| the court indulge us that long"
"The court will
I'VE would like it if the defense would
furnish us. with list of its witnesses.
said Attorney Garner of the states coun-
sci.
IF they do not we will be compelled to
ask for time after each witness has
been examined by the defense"
| Wrangle Over silenced Witnesses.
I'VE will say that one witness will be
DR.. Glasgow said Cen Washington.
"Of course, said Gen. Garner, Gen
Washington knows that DIR. Glasgow is
one of our witnesses and that we know
the defense had summoned him
And we want the court to order DR.
Glasgow to talk. to us. We have been
trying for three days to get a word out
of him. But he says the states counsel
told him not to talk said Washington
I ~ will tell the witnesses all of them, y
said Judge Hart, that it is not improper
| for witnesses to talk to attorneys or
either side
well. if he will not talk, we will in
sist on the court making him talk" said
Washington.
Bring the question up later" said the
court
! Il wish to say too" said Judge Ander-
son. that we will give the state a list
of our witnesses within ten minutes. Is
| that all you Want?
! IAN | want right now" said Garner
| A long delay followed. Sergt. Meadows
did not arrive.
Finding of Revolver.
| So the defense called Lieut.. NJ. B. Pill
cher. USA, who found the revolver near
Carmack's body.
| He said he had just left the club, a
block away from the tragedy. on the aft
ernoon of the killing and saw crowd
He went up and found Senator Carmack
| lying in the gutter. face down, his left
shoulder higher than his right, his feet
| to the south.
did you see a pistol?
Yes sir That attracted my attention.
A boy was standing on Mr.. Carmack
coat made him get off and then picked
UP the revolver"
Senator Carmack's right hand was ex-
tended and the revolver was eight inches
from the hand"
Revolver Recently Fired.
Did you pick it up?'
II did, and broke it.
WAS it loaded?'
| ones"
what did you do with it?"
Il gave it TO policeman named
Vaughn"
rs this the revolver"
1T is, OF looks like one of the same
| type
What type is it,
"A blue steel. .3S-caliber. hammerless
| revolver
How long did you have it?''
! Il held it in my hand awhile until ii
began to attract attention, then dropped
the officer
"It was recently exploded?
"Yes. I believe so, apparently. Two
shells were empty and the chamber was
| smoked.
| On cross-examination Lieut.. Pitcher
said he had no means of knowing how
long it had been since the revolver he
| found near the senator's body had been
| fired. as that was a matter of opinion.
| Sergt Meadows of the Nashville police
| force told of going to Forts intirmary
and getting from Patrolman Vaughn two
revolvers-one Robins thrty-two auto
) matte Colts and the one found by Lieut.
Pitcher.
On cross-eXamination he said he could
not positively identify the guns. but they
looked like the ones he received the day
| of the tragedy
| The pistols were later turned over to
the clerk of the criminal court.
Vertrees Armed Carmack.
| Mai. w. Q. Vertrees of the 4th Ten
| nessee volunteers during the Spanish
| American war was called next. He said
that on the morning of November 0 he
received "a message from Robin Cooper
counsel in q case to be called in the
chancery court, to the effect that he was