The Birmingham age-herald., 1909-03-14

say they took Colonel Cooper down to Bradfords office to cool off. Why, gen tlemen, you might well talk of turn
 ing Vesuyius upside down in hell to
 cool off. They took him to Bradford s office to cool off=-the office the man who said he could have killed Carmaclk with as little remorse as he would kill rattlesnake. But they say only Miss Lee claims he said this, and attack Miss Lee.
 Now, what motive would Miss Lee have in perjuring herself? Did she
 want to lose the best job In the oity
 of Nashville for a young woman? Did
 she have no other way of losing that position? Why, gentlemen, she had every incentive in the world to testify for the defendants. And you saw
 through her. you saw then through her eyes and heard the evidence from her l lips, from the lips of the beautiful girl who refused home and the support of
 @ good man because she preferred to
 make living for her mother. And she
 sacrificed her home, her position, her
 mothers living to tell the truth; sac
 rificed and to be denounced and re- viled"
 He defended the little newsboby, John
 nie Tyndall, and claimed the boy was
 corroborated in his statement that he heard Colonel Cooper say, We will get
 him." by Colonel Cooper himself
 Urged By Robin.
 Colonel Cooper told you himself that Robin urged him not to go up Church street lest he meet Carmack That cor rcborates Johnnie Tyndall and tells you
 whom they were going to get. On the otEer hand they didn't want to meet him
 on Church street. There would have
 been 50 witnesses, and they only needed
 one. So they decided to go up Union street to Seventh avenue. Now, we do not
 say that conspiracy was formed in Bradford's office, but we say that Colonel
 Cooper left that office with hell in his heart.
 Next we get to John Sharp. I am going to leave the colonel and Robin and turn to John Sharp. They say it was cruel persecution to have John Sharp in dicted. Now, let me ask you gentlemen. do you think it is pleasant for me to stand here and ask you to convict of murder in the first degree the brother of the clerk ] of this court who has been my friend i for years, and whose friend I am now? 1 Great God Don't you know if there 1 was any way in the world out of it that IT never plead for the death of my 1 friends brother.
 But I have a conscience, gentlemen. and I'll either do my duty or I'll resign
 and let you put some other man in my
 place.
 "John Sharp was taken along for a purpose, to witness that killing, and he filled his purpose. But they say he put himself in a position where he could not see.
 Associated In Jail. "Oh. what rot. A man who goes along to be witness does not have to see the
 act. These men have been allowed to as- Ia41 hav Qaf
 in Jail l doubt not, and talked all these 1 things over.
 "Why, I know John Sharp well enough to know that if he had been there honest I ly, or accidentally, he would have done l what you would have done, or I would 1 have done, run back, not walk, to where | Carinack was lying Why, his friend had
 been shot, and his other friend was in 1 trouble. But he was confused by his guilt, and when Miss Skeffington suddenly i confronted him and asked what 1t was | he blurted out the truth, It Is Dune l Cooper shooting Carmack.
 1 MT McCarn claimed every move Sharp
 made after the tragedy was an accusa- 1 ton against him. He refused to tell I any one what he knew; refused to de-
 scribe the tragedy. Is that the act of an 1 innocent man? No, it is the act of a de- l fendant, after he has been instructed by l a clever attorney. And no one, mind you, | at this time had accused Sharp of having l had any connection with the tragedy. The
 facts here show beyond . reasonable l doubt that Sharp was an accessory before 1 the fact" he continued. "Why, when he
 was on the stand I actually felt sorry for l Sharp on cross-examination. His tongue i stuck out and 1t nearly rattled, so dry ] was it, and in such confusion was he l I felt pity.
 Expecting carmack. 1 Did he go up Seevnth avenue? I don't know how they knew Carmack was com l ing, or whether they knew 1t all or not, l but I am certain they were expecting 1 him. Why, for three months Senator l Carmack had passed up and down Sew {, enth avenue, and John D. Sharp, whp i lived on it. must have known, if he did i not actually know where he lived, or was
 aware he lived on the street at least" 1 General McCarn, as General Garner had 1 done, placed two objects upon the floor l to represent the telephone poles, and l demonstrated to the jury how the de- ! fendants say the shooting took place
 Then he declared that their story was | contradicted absolutely by the physical 1 facts McCarn called Garner over to as- l sume the position that Robin says Car
 mack took when the shooting began. The l attorney general took Robins automatic l gun and Garner took Carmack's. For l the poles were two rolls or renee wire l McCarn pointed out on Gamers body
 the position and direction of the wounds 1 He showed that the two wounds through 1 the heart were downward. The defense claims they were inflicted first. McCarn 1 argued that they could not have been 1 that they were inflicted when Carmach was falling as they ranged so directly | downward.
 Turn your head, Carmack. have shot | you now" shouted McCarn and Garner turned his head
 Turned His Head.
 Now, Sharp says Carmack turned hi' l head, not his body, and Sharp Is the 1 only one who says so. Then he says the | third shot was fired. But Robin, stand l ing in front, as they all swear he was
 shoots Carmack in the back of the neck | through the spinal cord Look, gentle
 men. how could he have done so? Turn
 position into the back of MT. Garner E l there, you see how physically impossible l the story is? MT. Gamers head is turned | as far as it will go, and there Is nc 1 chance that could put bullet from this ~~e.t+iov iuto tba hack oR Mir Garpar's