The Montgomery advertiser., 1909-03-13
COOPER JURY HEARS
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 Robin stood There Is no dispute that Carmack fired directly into Robins face. The deadly. bloodthirsty weap- on Carmaek thrust into the boys face. the faos of the boy who had support cd him and helped him. He fired twice. Thanks to the thickness of Robins tie. the stiffness of his collar and thanks to mte. Robin was not to die. Carmack was asfounded that the boy did not fall, so he stepped back. If he didn't Kill with two shots. he still had three left and he prepared to use them"
 Again and again the attorney re-en- acted the tragedy. Again and again he declared Robin had a right to shoot Carmack like a dos. Again and again he declared that Carmack was cow ard. that he hid behind Mrs. Eastman. trying to get his revolver into posi- tion for action.
 Then Washington returned to the scabbard found in Carmack's overcoat pocket. This scabbard seems to have . fascination for the attorney. He compared the scabbard and the Car mack pistol tdeRuth and Naomi and told the beautiful Biblical story in his own original way. illustrating it with gestures made while . revolver was held in one hand.
 Like Ruth and Naomi.
 And like Ruth and Naomi." he con cluded. .'this scabbard and this pistol ciove together. You cannot separate them and this is why we can identify the Carmack pistol so absolutely.
 T win not detain you very much longer, but I want to talk some law to you now. Bring in the book I or dered."
 A deputy brought in some law book s and the attorney began to read decis- ions on self defense overt acts. mental condition of the defendants and the other. material facts that enter into this case.
 Tt is cowardly to skulk in room and write editorials: 1t is cowardly to creep behind houses and drop words of poison into individual ears. It Is not cowardly to go out into the sunlight. bare your breast and demand an inter- view that you have a right to ask. Why, Robin would have had a right to Kill Carmack the instant he made a step towards his father. No law com- peis a man to wait until his antagon- ist is on superior or even equal terms with him. He may act first in the con- sciousness of his own innocence of evil intent. Every fact and circumstance in this case tends to show that Robin acted in this innocence of evil intent and he acted very magnanimously in not shooting before he received a wound he believed to be fatal.
 T ask you. gentlemen. if you are going to convict men for doing some- thing that everyone of us would have done-and he should have done-long before.
 standing in this case. after. the , storm has cleared away, after the sun lis shining. I feel like an apostle of sunshine. Let the sun shine into your hearts. let it's rays warm your soul and when 1t does, you will come in and report the truth. And in that act you will be happy to restore Robin Cooper to his foster mother who has stood over him since his own mother died. Not as a murderer, branded, but as dutiful son. And when you do, you do not care who approves and who disapproves. for you will have the ap- proyal of your own conscience. And you will tell your families that you have been trying a boy who spent the day trying to save his father and who shot only after he received the cruel lead in his breast. and that you &C., quilted him with the mark of honor on his brow. Do 1t, and do 1t quickly, and when you have done so you will have earned the Biblical approval of all the good people of the State in the Well done. thou good and faithful servants ,
 General Washington concluded at 1l:lb a. m.. having spoken eleven hours and fifteen minutes. Immediately court adjourned until 1 p. m.
 Judge Anderson Begins.
 Long before Judge Anderson arose to make the closing argument for the defense, every seat in the court room was filled and men and women crowd ed into every inch Of space in the aisles and around the walls. Judge Anderson Is considered the ablest criminal lawyer In the State He has been to Colorado for his health for a year and returned only to try this case. His physical condition is not the best and he spent the entire morning on lounge in an ante room. husband . ing his strength for the argument this afternoon. He Is not a great orator in that he indulges in frenzied outbursts, but he Is a convincing talker who car .ries weight with juries.
 The Judge is tall, slender, very youthful looking, pleasant of address. quiet and rather reserved in his man ner His smile Is especially winning. He said in opening:
 -'The speaking of the last word in behalf of the defense has been assign ed to me. and assure you speak it with a full feeling of the responsibil- hy that attaches to 1t. You have heard this case referred to as a great Ia " suit. And 1t Is a great law suit. The deceased was a great man, a United States Senator and man of national prominence. The defendants are known all over the State. But when that is said, all Is said Senator Car mack had the same right to live that the humblest citizen had to live, ns more and no less. And Robin Cooper had the same right to kiu Carmack as the poorest and humblest citizen of the State had to kill a man In self lf-defense. And that Is why the case is a great one.
 The proudest feeling of my heart today Is the feeling that l live in a country where all men are equal and where all men are tried under the same law. It Is with the greatest feeling of Humility that I speak at all and I wonder whether 1t is necessary for me to speak at all, following such able speakers as Washington and Meeks
 ~t want to approach this case in fairness and impartialIy. I want to say that l am not lawyer who vilh- nes or abuses a witness You who know me, know that. It Is so easy, gentlemen, for a lawyer. surrounded by the protection and privilege of the court, to abuse and denounce and cut & witness to pieces and the witness has no recourse. But that Is beneath the dignity of an honest lawyer
 Yet gentlemen. I heard in this court during this trial. something never heard before in a court of ius- tice. heard the lawyers for the state-no. the lawyer for the state stand here and charge General Meeks