The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-09
COOPER'S DEFENCE ASSAILED.
Testimony of a Defence Witness Torn
to Pieces and the Witness Arrest
ed For Perjury.

Nashville, Tenn, March 3.-This
was the States day in the trial of
Col. D. C. and Robin Cooper and John
D. Sharpe for the murder Of former
United States Senator E. ". Car
mack. Not only did it tear to pieces
what was left of the testimony of S.
J. Binning, the defence mysterious
redIbearded man, who claimed to
have seen the shooting, but it chal-
lenged THE right of the Coopers to be
ON the 7th avenue at all, the day of
the killing. It did this by impeaching
the testimony Of the governor and
others, who claimed the Coopers were
invited to the mansion, and that while
on their way there, they met Carmack
and a street duel followed.
The bomdard ment of the case Of
the defence began early today when
two witnesses swore that Binning the
night of the tragedy said to them:
eff I had been five or ten minutes
earlier 7 would have seen the kill
ing
Later i'm the day the State intro
duced witnesses attacking the reason
the defence gave for being on the
street, which Senator Carmack must
traverse to get to his apartments.
Adjt. Gen. Brown, Judge Bradford,
Col. Cooper and Robin Cooper had
| testified that after Col. Cooper left
Bradford's office, just before the
shooting, Gen. Brown recalled him to
talk to THE governor over the tele-
phone. and THAT it was in obedience
to the governors command that the
men were ON 9TH avenue, upon which
is the executive mansion, when they
met Ca1nlack.
Two witnesses swore that after Col.
| Cooper left Bradford's office he neith-
er returned voluntarily nor was re-
called to the telephone by any one.
, and ONE, Miss Daisy Lee, declared
that instead of the governor calling
the colonel, the colonel at Judge
Bradford's IS suggestion called up the
governor at the capitol. The latter
testimony, however, was not permit
ted to reach the jury.
In rebuttal, too, the State attacked
Judge Bradford. Miss Lee swore that
he told her he could have shot Car
mack himself with as little remorse as
he would have shot a rattlesnake. She
also :swore that Paul Davis, another
of the defcnce's witnesses declared to
her that he would perjrlre himself to
get ON the jury.
When the sun had set and the bat
tie was over the State announced
that it would have but two or three
more witnesses to complete its case in
reb1,ttal, and that they would be put
on tomorrow.
Carmack in Pleasant Mood.
Mrs. Ida Clark, society editor Of
the Tennessecan, saw Senator Car
mack just as he was leaving the office
for his apartment. She said that he
was "in a very pleasant humcr, in
deed. He said he was going to his
rooms, and was not excited nor I'M
easv.'
Miss Daisy Lee was recalled and
asked:
"Where are you employed now?"
IT am not employed now. I was
Judge Brodford's stenographer until
February 16.'
"W7'en did You testify here?"
CON February 17.'
"Did YOU hear Paul Davis, in Mr..
Bradford's. office, while the jury was
heing chosen, say he would swear to a
lie to Get on the jury?"
1T did,
"Did you hear Judge Bradford say
that he could kill Senator Carmack
like a snake?'
"Not exactly. He said: Il could
have shot Senator Carmack myself
with as little remorSe as. ] would
>Hnrt a.rott|esq1ake:
/ t:Ty,v. 1ono vnrn Won .J!l1np Brad