Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1909-03-06


that he could not have done so.'
Judge Hart would not admit
Woofon's testimony Mess the record
shall show in detail that the posi-
ton OF the poles has not been PROV
IN. The attorneys were told to ex-
anime the record at their leisure and
the calling, 'of witnesses proceed
ed.
Several witnesses said that No
vember 3 was one of the ooudiest
days in the history of Nashville and
that a pail of cmoke from the forest
fires was hanging over the city.
Mss Ella Lamb gave testimony
contradict ng defense witness Bin
ming, who said that about the time
Of the shooting he struck match
on the gate in front of Miss Lambs
residence. She also gave other evil
donee contrad citing Binning's testi-
mony as TO HIS exact Whereabouts at
the time Of the shooting. Other
Witnesses We're called by the 9tate to
present similar contradictory testl
mony concerning Binning. the man
who claimed he saw Carmack twir
the chamber OF his revolver just be-
fore the shooting.
Former Staao Treasurer Ed Craig.
who carried ceoper's bellicooe note
to Carmack testified that he did nos
tell Cooper that his (Cooper's) name
would not appear again in the Ten
nesseean. He also said that Coop
er did not EXPIRE $ a desire for
personal interview with Carnack
Craig did not tey Col. Cooper that
Carmack was 'in an ugly mood"
The court ruled against an at
tempt by tho state 10 show Car
macks mental attitude. Jordan
Stokes, however. was allowed to tes
tify that he saw Senator Carmack
few moments before he was killed
and did not notice any excitement In
his manner. Carmack was pleasant
and affable.
Mrs. Ida CLARK, society ed tor Of
the Tennesseean saw Senator Car
mack just as he was leaving the of
flee Of his apartments. She said
that he was in a ysry plea. ant HUI
NOR indeeii. He SAID he was going
TO his rooms and was not excited
nor uneasy.
Mrs. A. j. McWhorter, who Is
quite aged and uses a cane. was as
sisted TO the stand by a relative. She
was introduced to disprove Binning's
story that he walked across the lot
under her window after the shots
wery fired She did not see any
one in that vicinity though she was
looking out OF the window
Then Mrs. A. -. Mason, who ives
in the same house with Mrs. Nc
Whorter remained at the window
several minutes She saw Senator
CarmackG body on tho pavement
but no one where Binning said he
himself had b'en at that tma.
j. p. Lewis, who was in the street
nearby, gave similar confederation.
DIR. John a. Witherspoon, who
said he was intimately acquainted
with Senator Carmack. was permit
ted by the court to say that he heard
OF threats aga!n-t Carmack and that
he got the information from Mrs
Burch, Cox Cooper's daughter She
telephoned him.
did you convey that Information
10 Senator Carmack?"
II tried to- / called Senator Car
mack and coun not get him. Then
! sent a note TO Mr. +. ID. Lander.
OF the Tennesseean and he came to
my Office and / told him Of the
threats"
Did Mrs. Burch tell you from
whom she got h information of
threats?"
Yes, sir, from her brother, ROBIN
Cooper"
The defen q was imm Ems ly pleas.
cd with this reply as it shows ac-
cording TO their theory that Robin
was trying to prevent trOubl..
f. ID. Land'r, editor Of the Ten
nesseean, was called He testified
hat he conveyed Dr. w therspoon's
Information to Senator Ca~mack.
II tod Nm" said Lander. that
Mrs. Burch said her father, Col.
Cooper, was armed, was very AKA
and was threatening to kill Senator
Carmack ON sight"
The court instgucts, you genie.
men, said Judge Hart. that THE
test mony IS admitted TO show the
mental condid on Of Senator Car.
mack and not the mental condition
OF Col. Cooper"
The defense announced # wou1d
recah Mr. Lander for cro-s-exami-
nation later.
Mrs. Emma Blake. a stenographcr
with offices near Judge Bradford's
and who was in Bradford's office the
afternoon OF the tragedy, was call
ed.
Did not Cooper leave Mr.. Rrs1.