Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-03-13

induce the jury to accept their plea OF
Self-defense and acquit them.
The part of this tragedy l also deeply
deplore is that Senator Carmack forced
the necessity of Robin Cooper taking has
life" was the end OF Anderson intro
ductory, which was tribute 10 Senator
Carmack 1t was the Keynote of his ar
gument.
There is some theory To how this
killing occurred said Anderson. but
want to ask the jury If IL can tell from
the two arguments of the state what
that theory is or how Senator Carmack
came to his death.
Mr.. Fitzhugh's theory Is that Cot.
Cooper is a bad man and an embezzer.
and that he killed Carmack. Yet under
the proof i'm this case ii is shown that
never living soul lost cent by dealings
with Col. Cooper when he was clerk ana
master of Maury county.
Gen. Garner says Col cooper shot
Robin. that Col. Cooper had two pistols
and that Robin was hit by the slancinS
shot which the witness Cole saw in the
telephone pole. Yet the proof shows
Robin Cooper between his father and
Carmack when he was shot, and with his
back To his father.
II suppose their contention VIII be that
Carmack didn't fire a shot But they
cannot deny that that pistol which was
found by Senator CarmaCks body was
the pistol which Mai. Vertrees gave 10
the senator the night OF November 8.
Anderson said ii was not the contention
of the defense. although Washington and
Meeks asserted 1t was. that Senator Car
mack wrote the Memphis News-Scimitar
editorial of March IL, 1905. He declared
the contention of the defense was that
Col. Cooper had been informed that Sem
ator Carmack was the author.
Forgot Kindnesses.
Coming to the night of November =.
when T.. b. Craig went from Cooper To
Senator Cormack and carried the senator
the threat that If Coopers name was
used in the Tennessean again Nasfville
wouldn't be big enough for theme both,
Anderson said:
"Why didn't Senator Carmack think
Of the many kindnesSes and the generos-
ity of Col Cooper, his benefactor in the
past? If he didn't know before that his
editorials and references to Col. Cooper
hurt the colonel he knew IL when Ed
Craig delivered that message. Why didn't
he tell Ed Craig that these references
were only bit of pleasantly, AS MIR.
FitZhugh suggested?
ct is an undisputed fact" Anderson
went on. that Gov. Patterson did tele-
phone to Col Cooper that afternoon to
go to the mansion. and II was in answer
to this summons that he took the route
which led to the meeting with Senator
Carrnack. Col. Cooper did not want
Robin to accompany him. but Robin went.
1.-The sequel shows that 1t is well that
Robin went He went to prevent. IL pos
sibie, a meeting between his father and
Senator Carmack. and IL they did meet
to prevent harm to his father They were
on definite mission, not looking for any
body.
'.The state has argued" continued An
derson, that Col. Cooper had no right
to turn and cross the street to meet Sem
ator Carmack 1t has been argued that
Robin Cooper had no right to follow him
It has been argued that their going was
in itself an overt act.
Had Right to Cross Street.
ar grant you that if Co. Cooper or his
son had gone across the street for the
purpose of provoking difficulty with
Senator Carmack and killing him, then
they have no right to take advantage
OF the plea of self-defense. But IL they
were on a peaceful mission, even though
they We're armed. they had a right under
the law to go over there and talk to
Carmack.
1.-THE doctrine of modification comes
in when the conflict has already been
abandonment. Here there is nothing to
abandon. Under the very case on which
the state relies. If the Coopers had not
only spoken to Carmack. but had as
saulted him with their open hands they
would have had the right to shoot him
MY friend FitZhugh would have II the
duty of Col. Cooper to shun Senator
Carmack.
Col. Cooper had right to seek Sena-
tor Carmack and demand that the use
of his name in the Tennessean be stop
ped. And If Senator Carmack made
deadly assault on Col Cooper or Robin
they had the right Of self-defense. If
man circulates reports about You or
talks about you. you have a right to go
to him. You have right to defend your
self. too, against any attack or assault
that your right as q citizen gives you.
'If you undertake to exercise your
right of self-defense we will break your
neck on the scaffold is the new law the
state would establish.
Defended His Own Life.
"All the evidence is that Carmack did
not know Col Cooper was in the neigh
borhood until Col. Cooper addressed
him. He did not see Robin Cooper. In
stantly upon seeing Col. Cooper Senator
Carmack drew his pistol. Robin Cooper
Immediately jumped between the tele-
phone pole and his father. and in pass
ing the pole Robin Cooper received the
first of Carmack's two bullets. Then he
received the second. and not until then
did he draw his pistol and open fire. He
was defending his own life, not his
fathers"