The Montgomery advertiser., 1909-03-12
Gen. Washington Speaks Nine Hours. PUT UP PLEA OF SELF
 DEFENSE FOR COOPERS His Argument Had Noticeable Ef-
 feet on Jury.. The Attorney Laid Special Stress Upon the Socin Standing and Breeding of the Defendnnts-Wll
 Conclude Speech
 Today.

Nashville. Tenn. March 11.-The fourth day of ths, arguments in the Cooper Sharp t,tal for the murder of former United States Senator E. w. Carmack. closed tonight with General Washington of the defense in the mid de of his argument and two more at- torneys to follow him.
 At this rate, 1t is doubtful if the case will get to the jury before Satur- day. General Washington finished his ninth hour of argument when court ad- journed at p. m. and he announced that he would "conoluds some time to- morrow" He will be followed by Judge Anderson, who is expected to make the main argument for the de- fense. Then Attorney General McCarn will close for the State. Judge Ander- son says he will require about six or eight hours for his speech, while Mo Carn declares that four hours will do him
 Judge Hart today again requested the attorneys to submit instructions for the charge and complained that they were slow about replying.
 General Washington's argument to- day was brilliant in word painting me- taphor, appeal and invective. He made savage attacks upon the States counsel and singled out Attorney General J. B. Garner as his special victim. Garner is repute6 to have nearly as fiery a temper as has Washington. so counsel for the State insisted upon Gamers withdrawing from the room during Washington's address.
 The speaker laid special stress up- on the social standing and breeding of the defendants and declared that men of such families killed only in defense of life and honor. His speech was a master piece of oratory and had a mo- ticeable effect upon the jury.
 Attendance Deereases.
 The attendance today at the Cooper opening hour and When General Wash- ington resumed his argument for ehe defense. there were many vacant seats. These filled up however.eas the day advanced but there was nssRearly the demand for admission ths 5ade yes- terday the red letter day.
 Mrs. Lucius Burch. Robin Coopsr's sister. who collapsed yesterday, was in court this morning, pale and wan but bravely attempting to cheer and en- cougare her brother. Mrs. Carmack did not appear and 1t was stated that she was too i'll to leave her room.
 When court adjourned yesterday aAkcIubtus BAAu 1tAcEAl w IU4As i've had reached the point when Car mack had become an editor. The posi- tton of editor is an important one and rises with the ability and importance of the man. If he be incompetent, the people content themselves with read ing the news and advertisements and care nothing for <he editorials. But when a man of national reputation emblazons his name at the head of the paper. then people do read and be- lteye.
 'The campaign came on. Colonel Cooper was not a candidate for any office. Governor Patterson was"
 General Washington then came to the editorial of October 21 He grave ly admitted that Carmack had a right to write an editorial about public men.
 "But when he stepped over the boundaries and began an at4aok upon a private citizen. then he exceeded his rights. Now. the state would have you believe that these editorials were harmless. Oh! yes 1t Is all right to put John Smith or Bill Jones or Sam same page with the name of a horse thief or a convict and it's all right. But when they put your name in the position. why. 1t does make a differ ence if you have any red blood in your veins. you are going to resent it. It 1IlHh 6S LII tn0 QllL6kSltS0 Ib t3i6 WOTIQ whose OK is gored."
 Working himself into a frenzy of oratory. Washington devoted nearly an hour to wild denunciatton Of the Carmack. editorial of October 21 This editorial calls attention to a statement in The American from Ripley which said that Patterson men were advocat- ing trading Bryan for Patterson votes Then the editorial called the atten- tion of the Hon. Ban Murray, the Hon. Duncan Cooper. the Hon. Max Hart man and the Hon. Sol Cohen to this report.
 General Washington vigorously ex- Dlained shat two of the hOnorables named were disreputables and that when Carmack associated Colonel Cooper's name with theirs; he committ- ed the gravest offense a man could commit and anronted and insulted Cooper beyond endurance
 "But the state says, no editorial ever written justifes killing @ man, We agree that this is true. But we are only trying to show how they aroused Colonel Coopers anger and to explain his mental condition when the meeting occurred.
 Colonel Co0per's Rights
 we contend. gentlemen, that Colon eI Cooper had as much right on Sev- ~uth Avenue that day as Carmack had.
 
 Carmacl as Carmack had to walk to- wards him. And Colonel Cooper had a right to go up to Carmack and demand that these filthy attacks upon him be stopped. just as I believe any man on this jury would have done. Colonel Cooper said nothing until the election was over. He thought when Patter- son was elected that the assaults and mud -slinging would cease. But on Sunday. November 8. there appeared the editorial Across the Muddy Chasm." That was the straw that broke the teamels back. You can pile things on a bridge you know, until finally the last article breaks 1t down.
 "rhe State says this is only a ridi- culing editorial. Well. what of 1t? You can drive a man insane with ridi- cule. You can send a mans son into a frenzy by ridicule and ridicule Ia libel ous and punishable with imprisonment Now Carmack refers to Colonel Cooper as Major; when he wrote to Colonel Cooper as a friend, he called him Colonel. When he wrote the valedict- eyy editorial in The American he called aim Colonel but when he wants to f&. ault and dazraNa him ha naIla hlYp