The Montgomery advertiser., 1909-03-09
FTTZHUGH MAKES STRONG
 AND DRAMATIC SPEECH
Jurors Listened Breathlessly to
 Every Word.
Nhe Court Room Was Packed to sumo caf1on and Hundreds Were Re. 
 fused Admattance Judge
 Warns Spectators Against
 any DemonstratiOns.

NashyIlle. Tenn, March S-A1tel Captain Fitzhugh had completed the opening argument for the State thls afternoon in the case against Coionei Duncan B. and Robin J. Cooper anu John D, Sharp, charged with the mur der of former United States Senator E' w. Carmack, Judge William mart UT dered the jury withdrawn ana saio.
 T asked the audience to remain un- til after the jury was dismissed III or der that I might do something never did before. 1 want to thank you ioF the splendid order preserved today. Tn spIte of the splendid bursts or elo uuence from the speaker. there mas not been a single demonstration ana ehe court Is thankful to you TOT haAihs his task an easy one. You may so now, but return carry tonioiio" ', .ht. remember the warning l gave you thls morning against any demons.ra'ion' holds good tomorrow, too.
 Captain Fitzhugh made strong ana strikins argument It lasted over nVe hours and when he concluded, ne was exhausted. The court room was pacA ed to suffocation, the ven'iiation ""e poor and even the spectators .ei' 'n' affects of the vitiated atmosphere
 Fitzhurh Is a dramatic orator ana his exertions left him nearly physi- cal wreck when he concluded. 1ne younS Memphis attorneys speech 's considered a masterpiece Of logical al, eument and bitter invective and II hao a noticeable effect upon the jurors who leaned forward and listened orea.n.es s 1y to every word spoken. Fitzhush was A close friend of Senator Carmack iand he Is in the case at the special re- lauest of Mrs. Carmack. HIS perora- tton was especially dramatic.
 Expects T0uching Arguments.
 saThere will be many arguments made to you" he said. "to touch your heart You will be asked to be gen Eayous and sympathetic. They Wli kalk to you of this boy Why, gen hlsm1n. he is twenty-seven years old and some of the greatest achievements iof men have been accomplishd petore Ia man is thirty. and they will point to Colonel Cooper as a gentleman Q. the old school, as the last flower of the ioli Southern chivalry.' Do you be- 11teve 1t? Was he gentleman when he used that awful language in the presence of Miss Lee? And when they talk to you of sympathy. just look over there. You see in sable garments the widow of E. W. Carmack. You see on her arm the ten-year-old boy who was the pride of E. W. Carmack's life Did Duncan Cooper or Robin Cooper think of this widow or this boy when they shot down the husband or the father? Would it not have been better if Robin Cooper. instead of shooting the Senator had said to his father do not kill the father of this little boy. do not slay the husband of this fond wife, but he did not. The question to be decided is whether or not the law is to be enforced. That question is to be decided by you. If murder Is to be committed in the streets of our cities without fear of tall xxyho the next victim?
 The very liberty of the press is at stake. the security of the common people. It all rests with you and into your hands place 1t unreservedly. Gentlemen. I thank you"
 An immense throng gathered ear,v and there was quite the old time rush for seats when the doors were opened at o'clock. A local lawyer says that all Tennesseeans are either orators ar love oratory. The brightest minds at the bar of the State are engaged upon one side or the other of this case and the only regret expressed is that only three attorneys of each side are to speak.
 Fully half the audience was compos- ed of women and many of them as well as many of the men, brought their lunches in neat baskets or home fly paper bags. The women, however
 
 ders are such that they do not have to- Any time they come. a seat is provided either by a gallant volunteer or by a deputy sheriff ejecting some mere man.
 AS soon as court opened. Judge Hart warned the audience against any de- monstration.
 'T have been told" he said, "that some people have been brought here to express approval or disapptoval. I can scarcely believe 1t. But want to say that any one who applauds or misses or comments upon the argument twill wish he or she had never done it. realize the immense interest felt in the result and want to gratify 1t. but the conduct of the audience must be seemly and decorous. You may pro- ceed. gentlemen"
 Before the arguments opened. the at- torheys suggested some changes in the tables and .chaiPs which would give more room for freer movement of the speakers. These were carried out.
 Packed to SuffocatiOn.
 Meanwhile. the throng has grown until the room was packed to suffoca- ton. Most of those inside the bar were admitted at the reQuiset of coun- seI for the State or defense. and their humber finally drew a protest from the court He followed 1t with an order that no more should be admitted, no matter who they were. Mrs. Carmack was In her usual seat. a huge leather arm chair, with her son Ned on It's arm. With the defendants were Mrs. Burch Mrs. Wilson. Mrs. Bradford and Mrs. Sharp. besides a score or more women friends of the ladies men toned.
 Captain Fitzhugh began the opening argument for the State.
 T appear before you for the first time" he said. "yet after our long as- sociation and after watching your faces, feel I am no stranger to you. We are all citizens of this great Com monwealth. proud of Its achievements. proud of it's honor. So I know we are all one in a desire to see that law shan continue to be enforced and that jus tice and right shall prevail
 T appear before you with my min Rled feelings of regret and pleasure regret that I should have to aid in the inquiry into the cause of the death of my dearest friends, and pleasure that that duty should be entrusted to such