The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-16
COOPERS' CHIEF LAWYER
SPEAKS,
Defence Fires It's 16-Inch Gun With
Telling Efect-Best Criminal
Attorney in Tennessee AS
sail the Prosecution.

Nashville, Tenn, March 12.-The
sixteen-inch gun of the defence 5 bat
teries was trained upon the State to-
day with telling effect, when Judge
James McFerran Anderson began his
argument in the trial Of Col. D. B.
and Robin Cooper and John D. Sharp
for the murder of former United
States Senator E. W. Carmack. Judge
Anderson, who is considered the
ablest criminal lawyer in the State, is
chief counsel for defence. Strange
ly enough he was a close personal
friend and political supporter of Sen
ator Carmack. Although in bad
health and worn with the strain of
ten weeks of active work his speech
today, instead Of dimming his reputa-
ton, has added only lustre to it.
Anderson is not a dramatic orator.
He adopts no theatrical devices. He
does not speak in metaphors nor in
dulge in, sentimental appeals. Only
once did he refer to Col. Cooper as
"the old soldier" and not once did
he appeal to the sympathies Of the
jurors. He boldly disclaimed any idea
of pleading that any editorial or
speech could justify the Staying Of
Carmaek and declared that his clients
case rested sclidly and alone upon the
first law implanted in all living be-
ings-the law of self-preservation.
Then he boldly plunged into a dissec-
tion Of evidence and an application Of
law and startled his hearers by SOL
emnly asserting that Robin would
have been justified in killing Carmaek
be--,re he did.
He claimed that Col. Cooper, after
having been assailed in print and up
on the platform, had right to seek
out his defamer any place he might
find him and demand that these as
saults stop. He claimed further that
Robin had a right to 90 with his faith
er, and both Of them had a right to
90 armed for their own protection if
they believed that their protestations
and demands would lead to an assault
upon them.
Judge Anderson declared that this
was the law, that he quoted it merely
to show how strongly the courts pro-
tect the right Of self-defence, and to
make manifest Robin Cooper's reluc-
tance to shoot until he had himself
been shot.
An immense throng gathered to
hear Judge Anderson, but splendid
order was maintained. The speaker
grew very weak about 4.3O p. m, and
asked a continuance until tomorrow,
when he will close the defence's case.
He will be followed by Attorney Gen.
. eraf MeCarn, who will close for the
State, and after the Judges charge
the case will 60 to the jury.
Gen. Washington Resumes.
When court opened Gen. Washing
ton began the conclusion of his argu-
ment. Opening with reference to the
attacks on Bradford, he said:
E'These hungry, starving lawyers
for the prosecution, hungry and starv-
ing for facts, would have you believe
that this splendid lawyer, this Chris
tian gentleman, this scion Of an aris-
tocratic old family, suddenly became
raging he-devl.' -
He then passed to defence of Gen.
Tulley Brown and, after reciting the
latter's war record, said:
HI tell YOU Brown is as much hero
as Hobson was. Yet they say he lied. -
Washington then made an attack
upon the testimony of Miss Lee, in
dulgins in mimicry, which brought a
laugh from the crowd lined up behind
the defendants, previously referred 10
by Attorney General McCarn as the
defendants rooters.' Gen. Wash
ington then turned his attention to
the actual shooting and, with the aid
of messenger boy, reenacted the
tragedy, in accordance with his the
ory Of the killing. He declared that
Robin had right to shoot Carmack
like a dog. Again and again he said
that Carmack was a coward, that he
hid behind Mrs. Eastman, trying to
get his revolver ready for action.
Then Washington returned to the
scabbard found in Carmack's over
coat pocket, compare it and the Car
mack pistol to Ruth and Naomi, and
told the beautiful ssory in his own
original way with a revolver IN one