The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-02-24
TennesSee's Governor Ex-
pected to Prove Fatal Meet
ing an Accident.
COLONEL RESUMES
STORY OF TRAGEDY
Account of Actual Meeting With
CarTnaCk Deferred Until
This Morning.

NASHVILLE, Tenn, Feb. 24.-Gov-
ernor Patterson will be called as a wit
| ness for the defense in the trial of Col.
Duncan Cooper, Robin Cooper and
John B. Sharp, charged with the mur-
der Of former Senator Carmack. This
became evident today, when Colonel
Cooper, in his direct examination,
stated that Governor Patterson had
fixed the time of the presence Of the
! Coopers on Seventh avenue on the day
OF the killing Of Senator Carmack
The governor will be called to show
| that he had telephoned for Colonel
Cooper to meet him at the mansion lin
about twenty-five minutes" and that il
was in response TO this message that
| Colonel Cooper and his son were on
theiy way to the mansion when they
caught sight OF Carmack.
Colonel Cooper resumed the stand to-
day after having spent one entire day
in the recital Of the events leading up
to the tragedy. Today he testified to
the actual meeting with Carmack and
the motives which prompted the meet
I ing. This part of the testimony, IL was
the desire Of the defense, should not be
broken by adjournment, hence the res
ervation of the complete narrative un-
I'll tOday's session. The crOSS-eXamina-
ton was conducted by Captain Fitz-
hugh, for the State, and the indications
! were that il would continue throughout
/ the day.
Brown to Be Summoned
Adjutant General Tuny Brown will
also be summoned by the defense, being
expected TO testify to the conference
held in the office of Attorney Bradford,
at which time Colonel Cooper was per
al to 70 l.
warning him of what would happen #
Carmack's paper, and at which time r.
=. Craig volunteered 20 see Carmack
and ascertain IF things could not be
Strengthened out"
The courts ruling out much OF the
testimony relative to what occurred at
the office OF Bradford, resulted In fire.
quent clashes between the attorneys
and prolonged the session during the
early hours.
Colonel Cooper's examination in chief
was completed within thirty minutes
after he took the stand today, and the
Cross examination begun OF the meet
/ ing with Carmack. he said that some
thing in Robins nervous manner
caused him 10 turn around, and when
he caught sight OF CaTmack he said he
concluded to have a talk with him, and
try TO settle their trouble which. the
witness said, was causing his children
uneasiness.
His Testimony.
The aged witness said:
''As 1 spoke 10 Camack he reached
for his pistol and jumped behind Mrs.
Eastman. remember, saying some
thing about a damned coward who
would hide behind a woman. but I did
not say I've got you or I've got the
drop on you There were five shots
. fired, two by Carmack and three by
Robin. Carmack fired first
I did not draw my pistol until Car
mack had fired at Robin. BY the time
7 got my pistol out the shooting was
over, and I put the pistol back into my
pocket I gave my pistol to Sergeant
Reid. do not remember giving Robins
pistol 20 an officer. I did asJ, that the
crowd which gathered at the Infrrnarv
not be admitted. as I did not not know
whether they were friends or not.
never said anything z bout wanting 10
XIII another man, because ! had not
killed any one
Witness Record.
On cross-examination Captain Fitz-
hugh Immediately went into the record
OF Colonel Cooper. causing him TO iden-
tify the bill "pro-confesso, in whfcn
the colonel admitted appropriating
S35LoS which had been received on
land sale. 70 his own use while he was
master Of Maury county. Cooper
counsel objected on the ground that the
incident as remote, the date being
1888.
During the argument the jury retired.
! The State argued that as the defense
had gone back 20 the civil war. the ele-
ment Of rcmoteness should not enter
this instance, Fitzhugh vehementIy de-
Clared.
We propose 10 show that Colonel
Cooper was d defaulteT OF over 500 go.
We will trace mis- defalCatiOns from this
20 the present time, and will show how
much Of has testimony the jury shall
believe, as his character IS the same
now as IL was then said McCau.