The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-03-17

III the court room and enjoyed the
eulogy immensely.
AT this juncture court adjourned
until a. m. tomorrow.
Nashville, Tenn, March 12.-The
sixteen-inch gun of the defense's 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 Uni
ted States Senator e. w. Carmacly.
Judge Anderson, who is considered
the ablest criminal lawyer in the
State, Is chief counsel for the defense.
Strange enough he was &C lose per-
sonal friend srd political supporter of
Senator E. w. Carmack. Although IN
bad health and worn. with the strain
Of ten weeks of active work his
speech today, instead of dimming his
reputation, 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 ju-
rors. He boldly disclaimed any idea
of pleading that any editorial or
speech could justify the Staying of
Carmack, and declared that his
clients case rested solidly and alone
upon the first law implanted in all
living beings-the law Of self-preser-
vation. Then he boldly plunged into
a dissection of evidence and an appli-
cation of law and startled his hear
ers by solemnly asserting that Robin
would have been justified in killing
Carmack before he did.
He claimed that Col. Cooper, after
having been assailed in print and
upon the platform, had right to
seek out his defamer any place ne
might And him and demand that
these assaults stop. He claimed fur
ther that Robin had a right to go
with his father. and both of them had
a right to go armed for their own
protection II 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-defense, and to
make manifest Robin Cooper's reluc-
tance to shoot. until he had himself
beeh shot.
An imWense throng gathered to
hear Judge Anderson. but splendid
order was maintained. The speake,
grew very weak about 43o .. M, and
asked continuance until tomorrow
when he will close the defense's case
He will be followed by Attorney Gen.
eral McCarn, who will close for the
State. and after the judges charge
the case will go to the jury.
Judge Anderson made the fina
argument for the defense. He said
in opening:
THE deceased was a great man. 8
United States senator, and a man OF
national prominence. The defend
ants are known all over the State
Senator Carmack had the same right
to live that the humblest citizen had
to live. no more and no less. And
Robin Cooper had the same right to
kill Carmack as the poorest and
humblest citizen Of the State had tc
kill man In self-defense. And that
Is why the case is a great one."
Anderson touched tactfully upon
the attacks made by the State upon
the credibility Of certain witnesses fo1
the defense. II heard during this
trial something 1 never heard before
In a court Of justice. I heard the
lawyer for the State charge Gen
Meeks with wiifully falsifying the
record"
He said Meeks would not do such
a thing. He then referred to the oc-
casion when Gen. Garner quoted from
the testimony Of Governor Patterson,
which the court excluded, adding:
II am going to be more charitable
TO Gen. Garner than he was to Gen.
Meeks, and say, believe he was mis-
taken"
"And Gen. Garner says, too, that
We say Mrs. Eastman lied. You know
that is false. There is no man ON the
defense who would be guilty of such