The Montgomery advertiser., 1909-03-11

him. s1.si =a 4-s General Garner anssyzed the testi- mony of the witness. showed the con- nection between their evidence He paid . tribute to Mrs. Eastman and said that he sat at her feet as she talked and was sorry when she had finished.
 -"oH Carmackw. he exclaimed .If you had to go without 2 last blessing on your hearts idol. your son. If you had to leave without . last kiss from your wife. are you not glad that beau tifuI Mrs. Eastman was there when you wentf .9
 They say she lied" he exclaimed Hell never instigsted a blacker call umny. All people lie who oppose them Virtue has no power to stay their foul hands. Binning alone pleases them. earn the salary of the glory he sought in this case"
 Morgan is Attacked.
 Garner made savage attack upon ex-Secretary of State w. s. Morgan who swore that Mrs. Eastman told him the details of the tragedy as she en- tered the Polk flats. Morgan Is fiatly contradicted by half a dozen women who helped Mrs. Eastman Into the apartments of Miss Fort. Garner paid graceful: tribute to the women. and said he would leave 1t to the jury to decide whether the women He'd or whether Bill Morgan told the truth.
 And now we come to Binnlng, the sainted Binning. police judge of Dan vile. Ill, and cook on . houseboat" the lawyer went on. Now Binning lied and you know he lied. I want to say that do not believe that Mir. Meeks had any more to do with secur- ing or drilling Binning than had. know how such witnesses come. Bin ning knew that there were no eye witnessesato the killing except the de- fendants. So he got into the game. He also knew that to avoid a mix-up on cross-examinatton. he must see only the act itself and avoid details. And that Is what Blnning dld.
 But he was here to see Carmack ex- anime the pistol There has been ef- fort In this case to prove that Binning didn't say that Carmack twirled the chamber or cylinder of his revolver with his thumb. But he..did. in answer to my questions he said, And he twirled 1t with his thumb That is the record. no matter how he qualified 1t later. And you saw we proved to you that the cylinder could not be moved with the thumb.
 "Rinning couldn't keep away from little detail, though. He tried to strike a match on a telegraph pole and 1t was wet. He forgot that the rain that day did not come until half an hour altar Senator Carmack's death. But he went over to a gate and struck the match on the hinge. A little later he was crossing the lot at Seventh Av- enue and Union Street when the shots were fired. He took q look and saw the whole anair.
 Throws in . "Nfgger.n
 Wonderful Bfnning! So right here, just for good measure. Binning throws in a nigger. He sees the nigger in the path. Suddenly he says the nigger seemed to disappear. Then little later he says the nigger was on the pavement and he talks to him.
 wonderful Binning! But half dozen witnesses swear that neither Binntng nor the negro were on the lot. And two reputable citizens-the Car rolls-swear that Binnlng told them that If he had been five or ten minutes later he would have seen the killing
 Now. why did they introduce false testimony? An honest case does not need 1t.
 Now, I am sorry General Meeks re- ferred to that scabbard. I wished that both sides had been satisfied with that proposition. Now. there Is no doubt that the scabbard was in Senator Car mack's possession the night before. But where has 1t been since? You have seen how rash General Washington was. Hetactually tried to cross s-exam- inc Mrs. Eastman And he actually tried to prove that the scabbard was on the gun as Senator Carmack drew 1t. that he removed it with his left hand. There Is no dispute that with In 2 few seconds Senator Carmack was dead. Then how In gthesname of God, did 1t get back Into that overcoat pocket?
 "rii tell you! Somebody pyt that scabbard there after the clothing had been searched three times. Why, Il don't know. would like to know, though, why they are manufacturing evidence.
 "Robin Cooper may have found bull let in his bed But 1t does not--cannot have come from the wound. But Ido | not care how many doctors say that a ! bullet would wash and clean itself and | come out of the wound and then get | down in the bed where 1t was out of | the way. do not care who says so, | do not believe 1t.
 Why do they put up such story: | These things confound us have not | touched upon the facts in tho case on | behalf of the State. have confined | myself to the defense's own testimony, but after adjournment will briefly | address myself to the theory of the 
 Court thereupon was adjourned to 1880 p. m.
 Mrs. Burch Is III.
 For the first time since the earliest hearing in the case. Colonel Cooper's daughter, Mrs. Lucius Burch, was not at the side of her brother when court opened today. Her absence created a decided sensation among court officers and regular attendants at the trial.
 IL was announced that she was iil--i almost in a state of collapse. The pow CT of concentration displayed hy this delicate girl has been the marve. of everyone who witnessed it. Not e sen tence, not q syllable, not the movement of an eyelid has escaped her and coun. sel for the defense. whose conferences |, she has regularly attended. say she has been of invaluable assistance to tk em.
 For several days Mrs. Burch has been visibly nervous and i'll at ease and her collapse was not unexpected. Her condition. however, is not serious.
 After the luncheon adjournment the crowd if anything. was larger than at the morning session. Fully half were women, The aisles were crowded again md as Judge Hart noted the thronss le remarked: -l-4.- I+.-t
 T notice that some of the ladies are 'ery crowded. But that is all right 'or you are all old enough to be used o being squeezed" The laugh which followed was large- y masculine. The women only blush ,d1 and smiled. The luncheon brigade vas out in force and two negro tani-