The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-02-26

Il
fragment of this conversation, to the
effect that she had heard Colone
Cooper state that "he had no right t.
use my name and that I have the
right to protect myself"
Using these fragments as basis
the defense attempted TO show the en-
tire conversation, but the state OBJ
! iected, and the objection was sustained
/ BY the court. The grounds of the
states objection were that it was
nothing but fair and just that the de-
PENDANTS should be allowed to tell so
much of this conversation as was
necessary to explain the remarks tes-
titled to by Miss Lee, but that to admit
the entire conversation would be to
allow the defendant to testify to self
serving declarations. The court ruled
with the state, but throughout the day
the defense made repeated efforts to
get this conversation before the jury,
and Immediately after the ruling of
the court asked the same questions
in different forms more than once.
The defendant admitted that the re-
marks that Miss Lee testified to were
made, but explained them by saying
that the statements were made in
reply to statements of his. Colonel
Cooper stated that he was afraid of
trouble His son asked why. He de-
clared that Senator Carmack had been
publishing editorials about him,
shooting poisoned arrows into him."
until the situation had become unen-
durable; that the night before he had
seen Ed Craig and had send word to
Carmack by Craig that "if he did not
cease using his name the town wasn't
big enough to hold them BOTH" and
that Mr. Craig had reported back
that Carmack was in an ugly and
vicious mood, and would agree to moth
ing.
Mr.. Craig's testimony does not
agree with this.
The witness stated that the first
thing he did on the morning of No
vember 8 was to telephone his sister,
Mrs. Burch, and tell her to find her
father and keep him off the streets.
Meanwhile the witness made efforts
to find Col. Cooper, going to the Max
we'll, the Tulane and the Watauga
Club He wished to find him and keep
him off the street, he said, because
ne was afraid that Senator Carmack
might meet Col. Cooper and resent
he message that had been sent to
lin in some forcible manner.
He continued his search for his
ather, and at about IL o'clock Dor
owed pistol from his uncle, Robin
Zones. He stated that he feared very,
,ery much that Carmack would resent i
t." and that he got the pistol so that
lie could be with his father, and "in
ase he were attacked, protect him."
And yet Col. Cooper was the man
hat was making threats all the timel I
Shortly after he secured the pistol ;
e heard of his father being at the
iaxwell House and found him there.
lie declares that his father stated to
i'm that he had an engagement with |
G. Bradford at 8 O'Clock, and prom [
sed him to remain in the Maxwell t
louise until that time.
He was asked If he had been with I
is father in his Office between 10 t
nd II o'clock, and stated that he had d
OF. Miss Lees statement that they
ad been there together at that hour 4
nd that Col. Cooper had used vile a
Inguage about Senator Carmack was t
ecalled. He denied II. n
After finding his father he went to 4
lie chancery court to try case, and v
to his ONCE shortly before 3 v
clock He states that he went into I,
Is private Office and went to work S
the papers In case. At this time, n
; says, Mr.. Bradford told him not to s.
orry, because he was sure he could Il
< It up all right. In few minutes a
S father came in, and shortly after.
ard Gen. Tully Brown arrived. S
The witness continued with the 81
atement that about o'clock Gov. 81
ltterson called Col Cooper to come Il
the executive mansion to consult n,
It'll him and Austin Peay, and that d,
a few minutes his father started for 81
e mansion. His father objected to in
obin's going with him TO the man. sc
on, according to the witness, be- tn
use he didn't apprehend that he
ould meet Senator Carmack, and told st