The Montgomery advertiser., 1909-03-05

or anything else held in his handT'
 "It would fali--either cigar or revoi- ver--just where the Senator stood"
 But you saw the cigar still in Sena- tor Carmacks fingers when you ar rived, hence there was no Instant paralysis?'
 Yes sir. I saw it. It dropped later"
 On redirect examination pr. Glas- gow said that any movement made after the spinal cord was separated would be spasmodic and the victim would be incapable of voluntary action.
 Beuning fs Recalled
 The state then recalled S.J. Benning for further cross examination. Ben ming is the man who claimed he saw Senator Carmack testing the cylinder of his revolver few moments before the shooting and who was so badly confused on Tuesday.
 He was asked where he had lived be- sides Illinois and Missouri. and he claimed Oklahoma and Indian Terri tory as temporary abodes.
 General Gamers questions were aimed at Benning's manner of living for year or more. He said he and his son went up the river buying logs for a MT. Ransom. but he could not give the name of single man from whom he purchased them nor how much money he paid.
 General Garner passed a photograph of Senator Carmack. whom he claimed that he knew.
 Tt looks like him"
 We offer the picture in evidence, said Garner.
 The defense sent up a chorus of ob- jections. for the picture shows the Senator's boy in his arms. The court excluded 1t.
 "Dtd vou toll chorI,o ,ra Carroll. in their shooting gallery. an hour after the tragedy. that If you had been five minutes earlier you would have seen the killing?"
 T may have said so to escape being witness"
 The witness on direct examination. said he went to General Meek's office the morning after the tragedy anL volunteered the testimony that he saw the shooting
 General Gamers cross ss-examination of Bennings was savage and he in- volved the witness in numerous con- tredictions before he rested.
 When the defense began it's re direct examination of Benning. a sharp tilt ensued between General Garner. of the state. and General Washington Of tbe defense. General Garner said:
 General Washington persists in asking questions which he knows and | must know are incompetent. ask ,bn | court to instruct him not to do this I will not say why he is doing 1.-the purpose is too plain" "l object to being lectured by the states counsel" said General Washing | ton.
 "sit down both of you" interr,n,ed Judge Hart Any lecture or hunoor' l ous comment In this case are In inc | province of the court and tba cour. Will attend to this feature of the trial '
 Benning was excused and left tho stand with great evidence of relief ara court adjourned until D. m.
 Impenches Colonel Cooner
 Charies hayden. one of the defense,s | witnesses who was not cross-exarinos when he left. was recalled by the Ste ~ for that purpose. Havden was in Judge Bradford.s o+ 1 lice when the conference betwear c., | onel Cooper. Robin, Bradford ana Gon | Fully Brown took place just before thn shooting. Hayden stated that the door was closed during the conferenca oo,, trary to the testimony of ColoneI coo, | CT and Judge Bradford Ha 5an,nS too, that anyone called Colonel Coonor to the phone. General Brown swnra 1 he called Cooper to talk to the Gov ernor. and the Governor asked Cooper to come to the mansion. If Hayden's testimony is accpro+a then the excuse the Coopers had for being on Seventh Avenue that after noon falls.
 asked: 'eu aii'
 Would it be possible. Doctor. for q quiet In the shoulder. such as you work outr' N
 No sir. do not think so. do no, believe it would be possible for it te get out in twenty-four hours. The ihuscies would close on 1t and it would come out only by suppuration and that would De impossible in twenty-fou, hours"
 The defense started to cross-examin. the doctor and Attorney Nc. Carn objected. saying:
 He is your witness, and von capno, impeach him."
 The doctor is not our witness" sail Judge Anderson.
 | He ls-you bought him."
 because you subpoenaed him an, would not use him."
 Gentlemen." interrupted Jude. Hart' T thought you settled that if tie analr to your mutual satisfaction the other day. The defense can fee e"e "ithesss knowledge or memory.
 Ihe doctor was asked to examin, Robins clothing and see if A bulIe had not passed through 1t. The Soc tor thought one had. To the attor ney's objection. the Attorney-Genera replied sharply and a laugh followed
 Wanted Laughtes Stopped, T wish the court would ston tn, gang from laughig everyr(zizihxxet, gang from laughing every time tn Attorney General says anythink." sail Judge Anderson.
 : Some people here-efght or ten O them. have a perverted sense of hu mor." continued Judge Anderson. . Judge Hart warned the audience no to make any further demonstration , This is not a theatre" he said; .i is serious law suit and we must hay absolute order"
 The State then recalled Major Ger tree, who gave Senator Carmack tn , revolver for cross-examination Tn first question developed a fight. Tn F State asked the major to detail all tha was said when he gave Carmack tn revolver.
 a That Is pure and open contempt c court" shouted Judge Anderson, al most before General Gamers Guestio
 was completed. They are trying t , show the deceased Senator's state c n mind and that has been excluded |"
 It was agreed to submit a brief an