Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-12

"And he never even drew his gun
when he saw his own son engaged I'm
a revolver duel with his deadly ene-
my. How do I know It? From the
states star witness. Mrs. Eastman,
who never told anything favorable to
the defense and told everything she
knew against the accused. But she
says when she turned around that she
saw Colonel standing with hands ex-
tended, empty.
There is nothing in any ones tes-
timony-except Colonel Cooper's-
that Colonel Cooper ever drew gun.
He said he did, after the shooting
stopped, and asked why, he replied:
ITO kill Carmack IL he killed my son."
He declared Mrs. Eastman was
frightened and hysterical and could
not remember all that occurred. He
then went to the defense Of Binning,
the witness arrested on perjury
charge and asserted with vigor that
every word testified TO by Binning was
true. He described Binning as an old
farmer, illiterate and poor. but who
told the truth.
I'VE say" said General Meeks, that
Colonel Cooper went over to Carmack
with his hands open as he had right
to do; that he committed no overt act;
that Carmack met him with drawn
revolver, belchfng flame and bullets.
We claim that when Robin saw the
deadly weapon he jumped in front OF
his father and took the two bullets
aimed at the latter. We claim that
then, and not until then. did Robin
open fire and kill Carmack as the lat
ter was trying to shoot again"
General Meeks quoted at length
from authorities as to the doctrine OF
self-defense and what constitutes an
overt act and concluded with an ap-
peal to the jury to study the evidence
carefully.
1--WE regret the death Of any one.
But In our regret for the dead we
should not do the living an injustice.
II ask you, gentlemen. to bring IN q
verdict of not guilty against these de-
PENDANTS. Turn the old man loose ana
let him once more meet upon the
streets the remnants Of that old band
that went with him in the early sixties.
Turn him loose and let him meet and
shake the hand Of that gallant gray
coated crew. Gentlemen. l thank
YOU"
Court adjourned until 8 o'clock TO-
morrow morning when General Gar
ner will address the jury.
wednesdays Speeches.
Nashville, Tenn, March l0.-Two
things stand out in today's develop
ments in the Cooper Sharpe trial Tor
the murder Of former United States
Senator e. w. Carmack. One Is tne
theory of the state as to the woundins
of Robin Cooper The other Is the de-
fense's defense.
The state announced through Attor-
ney General Garner that 1t would con-
tend that Colonel Duncan B. Cooper
fred the shot which wounded his son
and that Senator Carmack. II he hred
at all, fired wildly. General Garner
f,rst declared that IT would be q physi-
cal impossibility for Carmack to have
shot Robin as the Coopers swear ne
did. Next he declared that the rea-
sonable solution Of the problem was
that Colonel Cooper opened hre on
Carmack as Mrs. Eastman believes ne
did and that a bullet from his pistol
struck the telephone post. was defect
ed and entered Robins shoulder. He
contended that this theory Is corrob-
grated by the course of the bullet.
which penetrated the flesh only an
inch and a half and failed to strike a
bone. A 3s-calibre bullet fired point
blank at range Of three or four feet,
Garner contends, would have gone
deeper in the flesh than an inch and
a half
General Garner made brilliant and
logical argument and 1t was with DIFF
ficulty that demonstration was pre-
vented. The court officers. however,
were aided in this by the sudden faint
ing of Mrs. Carmack. The audiences
attention was instantly diverted to the
widow of the murdered man and quiet
was maintained. It became evident
from the argument Of General Wash
ington, Of the defense, who followed
General Garner before the jury, that
the defense proposes to rely very
strongly upon a plea Of justification
as we'll as upon the plea Of self-de-
tense. General Meeks paved the way
for it in his argument yesterday when
he came out boldly in favor Of the
application of the unwritten law to
editors and declared that the murder
of Carmack by the Coopers was not
the first time that Nashville editor
had been slain for criticising some one.
General Washington did not take
such a decided stand but he devoted
the entire two hours Of his argument
this afternoon to a denunciation Of
Carmack, "the man with the poison Of
scorpion in his pen, the sting Of a wasp
in his words and the venom Of the
rattlesnake under his tongue" He in
terpreted Carmack's words and edito-
rails as he said they were meant and
as Colonel Cooper interpreted them
and declared that the colonel had no
recourse in the world. He had not fin
ished his argument when court ad-
journed and he will conclude 1t to-
morrow. Judge Anderson, also Of the
defense, will follow him and then At
torney General McCarn will close the
case for the state.
Attorney Garner declared that the
defense has heaped ISLANDERS upon Car
mack during this trial. And I appeal
to YOU" he said, ito bear me out when
say that M. H. Meeks falsifled the
record when he told you that Senator
Carmack called Colonel Cooper a dive
keeper"
Referring to what he said was the
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