The Birmingham age-herald., 1909-03-11

Lees testimony that Colonel Cooper was at Bradford's office about noon.
 "Oh, be fair to this girl" he said, ''you honest gentlemen of the defense Do not malign an honest girl who has given up her means of livelihood for truth and jus tice Miss Lee says Colonel Cooper was at Bradford's office. You say she is contradicted by our own witness, Miss Braxton You gentlemen know that Is false Miss Braxton swore Colonel Cooper was at his daughters home between g and 10 a. m. Miss Lee says he was in Bradford's office between Il and IF, This is in keeping with all the defense's state- ments but is especially vicious when ap- piled to a. woman who was compelled by your client to listen to the vilest epi- tbets the mouth of man can utter"
 General Garner then turned his atten- tion to Judge Bradford and declared the latter's testimony had been impeached.
 "Tbis is the man who said, I could have killed Senator Carmack with as lit- tie remorse as l would kill a rattle snake
 He swears he did not ask anyone to carry the Cooper note to Carmack and vet one of the most honored men in the state, John J. Vertrees, swears that Brad ford did ask him to deliver the note ana that he refused.
 DeTenGanrS HrmeO'
 'Rut the day moves on and the de- fendants are armed. Why is Robin along armed? He says to protect his father in case Senator Carmack resented the message carried to him by Craig. Why would it not have been better if you really wanted to avoid trouble to have telephoned Senator Carmack and told him there was no more danger of trouble Why didn't you do this? You have never explained. The evidence of the three defendants in this case shows they are guilty, just as completely and as surely as does the evidence of Mrs. Eastman. The three men reach Union street to- gether with no thought of Senator Car : mack. There is in the heart of Colonel Cooper a deep-rooted hatred of Carmack. There is in Robins heart no hatred but desire to preserve the peace. They reach Seventh avenue and start to cross Union street. Is there anything in their demeanor to cause Carmack to fear an assault? We can take it on John Sharp S own testimony that there was Sharp says at first he thought there would be only a personal difficulty, but he says. when I remembered how Colonel Cooper pulled away from Robin and how he looked, l feared more serious trouble That is the deadly key to the tragedy. They tell you they were going over on a peaceful mission yet Sharp tells you there would be serious trouble and he was so sure of it that at single glance he told Miss SlSeffington that that was Col onel Cooper shooting Carmack.' Now Gen. eral Meeks declares that this clears John Sharp, because Sharp got his knowledge of the impending trouble from Colonel Cooper's manner when the latter caught sight of Senator Carmack. l agree with General Meeks. That's where Sharp got his knowledge of an assassination im- pending. Sharp says he had no knowl- edge of threats Cooper had made or the notes he had written. But Carmack had knowledge. Now If their manner was such as to make Sharp believe they would assault Senator Carmack was not their manner coupled with threats, enough to make Carmack believe 1t?
 Did Not Walt.
 "The colonel tells you he did not walt on the corner lest the waiting be preg- nant with meaning-an overt act. So he l thinks it safer to walk down the street | behind Mrs. Eastman and come upon Sen- | ator Carmack unawares.
 Now Senator Carmack, in the act of 1 raising his hat to Mrs. Eastman, sees suddenly Colonel Cooper standing still not walking, mind you-but standing still. | with one arm extended. He sees the l coloneFs son 15 feet out in the street cir | cling behind him. He sees on Colonel | Coopers face the look that made John | Sharp know a moment later that Cooper 1 had killed Carmack.
 They say now that Carmack at once | drew a gun. Cooper says so; Robin | corroborates him. John Sharp, who sees | it all, says that Is not true; that Robin | drew his pistol and that Carmack did not | draw his revolver until he got to the ] poles. But If Senator Carmack drew a | gun why did he not shoot? What does
 a man draw a gun for except to shoot, | yet they would have you believe that Carmack waited until Robin, who says he