The Birmingham age-herald., 1909-02-21
NEVER SOUGHT CARMACK
 ON DAY OF THE TRAGEDY
Young cooper's Testimony Is Straight forward and Flatly contradicts the Main Points of Story Told By
 Prosecutions Star Witness.

QeleDst 5 Qdy III lne ITIdi Ol OOl. OnnCdn B. Cooper, Robin J. Cooper and John D. Sharp, charged with the murder of form CT United States Senator Edward W. Car mack There was only one witness ex- amined, the boyish defendant. Robin J. Cooper, and he made a splendid witness. When court opened 1t was expected that the state would offer one more of it's miss ing witnesses. At least three arrived last night but the attorney general decided either not to use them at all, or to save them for his big conspiracy fight in re- buttal.
 Both sides seemed to be sparring for time at the opening of today's session. Finally the states attorneys appeared Then the defense asked for 90 minutes in- dulgence and took an hour and half. It was presumed that conference was on, but in reality 1t was asked in order than an X-Ray photograph might be taken to learn of the bullet which Robin Cooper received in the shoulder was still there
 Bullet Found In Bed. Dr. Fort thought it was, and SO testi- fled. However the day after the shooting Robin Cooper iound bullet in the bed. near his knees, at the St. Thomas hos pital It was 2S-calibre bullet. The gun found near Senator Carmack's body with two empty shells is . ss-calibre one The defense evidently wanted to be sure that the X-Ray showed no bulIet in Robin Cooper's shoulder before they pro duced the missle found in the boys bea In this connection the stafssbas an Inter-
 
 near Carmacks body was not the ono forced upon the dead editor by one of his staff few hours before he was shot. The l one picked up is a blue-steel 3S-calibre. Colonel Cooper's revolver, secured a day or two later is nickle-plated 3S-calibre and apparently had never been discharged.
 x-Ray Plate Developed.
 As soon as the x-Ray plate had been developed and disclosed no trace of bull let, the defense announced ready and 1 called young Cooper to the stand The boy is slender, erect, clean-cut, high bred type of a young man. His features are delicate. almost feminine. but he car res himself in an erect and manly fash ion and there Is nothing effeminate in his l manner. His voice is soft and well culti- vated, he speaks slowly, almost with d drawl He answered every question with deliberateness and caution that at times seemed to exasperate his counsel, Judge Anderson, and put him in the light of an unwilling witness. But there is no doubt that his evident sincerity and dis inclination to take advantage of situation made a very strong impression on both l 9ifrxr tDtn Tie mil ton was postponed until Monday, when 1t will consume probably most of the day.
 Opening of Court. When court opened this morning one of the largest crowds ever seen around a Nashville courthouse awaited the arrival of the deputies. One reason was that it was rumored that Col. D. B. Cooper would be the first witness for the defense. An other story had 1t that mysterious wit ness from Missouri, who saw the shoot ing and who had been threatened with death if he testified, would appear for the state As result the deputies had no easy time in handling the throng, but finally they cleared the aisles and stair ways after the chairs were filled,
 At 10:90 Attorney General McCarn asked when the defense would be ready to pro- ceeu. rms 1nulcdteQ that the state I missing witnesses had not arrived. At Ii o'clock the defendants attorneys filed in There was a hush and then Judge Ander- son said:
 Robin Cooper, take the stand"
 murmur of surprise and expectancy swept over the room. The court rapped for order sternly. Some women arose to better see and then deputies ordered the ladies to remove their hats.
 Robin Cooper Testifies.
 Robin Cooper is slender, boyish, clear cut looking youth. He gave his name his age 27 his profession as a lawyer He said he was a son of D. B. Cooper and knew John Sharp. the other defen- dant, very well. Tn clear voice and with the refined accent of the educated southern man, Cooper gave a brief sketch of his life. He said he lived with his uncle, James Bradford of counsel for thu defense, and practiced law in the >latter's office He said he came to town on Mon day, November g, with his uncle, Mir Bradford. arriving at a. m
 Did you see your father that morn ing?'
 'sHe came to my office soon after ar- rived. He came into MT. Bradfords priv ate office where I was In conference with Mir. Davis"
 Here the defendant described the loca- tion and plan of the law offices From the moment her brother began to talk Mrs. Burch leaned forward in her chair looking ca ageriy into his eyes and seem ing scarcely to breath as he talked. Col. Cooper, seated next to his youngest daughter Mrs. Wilson, sat comfortably back in his chair and apparently took lit- tie interest In the preliminary questions. When Robin referred to him as Papa the Colonel smiled and played with his grey military mustache. The jury be- trayed much interest
 ''i talked a while and some one called me to chancery court where had a case Then papa told me he was afraid he was 
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