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


 Colonel Coopers defense must rest, if
 rest it can upon anything, upon the
 avowal that he had no evil intent, and
 this must be supported by a statement
 which has not yet been made-that he
 notified Carmack to this effect. You are
 told that Colonel Cooper Is not guilty
 because Robin fired the shots, and that
 Robin is not guilty because he fired in
 self-defense. Gentlemen, if Colonel Coop
 CT is guilty of bringing on the difficulty then Robin Cooper can avail himself of
 no defense that his father cannot use
 The son Is the fathers third arm. and if the trunk of the body must suffer, the limb of the anatomy must die
 Did Colonel Cooper bring on the diff culty? Who says he did not? He could have gone on up Seventh avenue and Carmack would still be alive. Whose fault was it? Carmack did not bring it about, did he?
 There is one significant fact in this lawsuit. Who knows how many pistols Colonel Cooper had and to whom they were delivered? You remember that when Officer Vaughn went to Forts in-
 firmary and asked for the weapons, Col
 onel Cooper went to Robins overcoat
 and gave him the sons pistol Not
 word about Colonel Coopers gun Then
 comes Sergeant Meadows, who says he
 got this new, shiny, unfired pistol that
 night at the police station from Sergeant
 Reid. That was hours after Carmacks death Where is Sergeant Reid? You did not hear him. did you? He was not produced
 Bullet Holes In Post
 'EIow many things could have been
 done to a pistol between D. m. and night? How many cartridges could have been changed? How many revolvers ' hatr< ! says there were two bullet holes in that post and that they came from the north. Where did they come from?
 ''They insist that the bullets Carmaek fired entered Robins body or Robins clothing. Then where did the other bull lets come from? Do you believe that ball from a .3S calibre pistol fired at a range of three or four feet would strike
 tie and collar. go into his flesh only an inch anda half and strike no bones? , No, gentlemen, you do not. Is Is not more likely that Colonel Cooper fired, that the bullet hit the telegraph pole, that it was defected and its force spent and that it glanced into the shoulder Of Ro-
 bin Cooper while he was murdering Sen
 ator Carmack. It Is the only reasonable
 theory gentlemen, for the physiciaf facts
 make it impossible for Carmack to have fired the saots in the way these came" :" General Garner worked out various tl>eories as to how the revolver of Colonel Cooper could have been tempered with and how Senator Carmacks revolver might also have been fixed
 He next described Senator Carmack's S mental condition before the shooting
 when witnesses testified that he was ! jolly and pleasant. When then. did ], he become such bloodthirsty mur-
 derer that it was necessary for these de- :, fendants to Shoot him to death? Listen :, to Mrs Eastman: I was smiling up at i him, he was smiling down on me, his
 hat raised, look of pleased anticipa- 1 tion on his face ] Mrs. Eastman's Story. ! Was he a murderer then? Listen
 aSain to thist beautiful womans story: i I heard a voice from behind: Now. sir
 we have the drop on you''. A look of ! surprised inquiry replaced the smle i What did Carmack see? It was the man l who at Il o'clock was threatening to i. shoot him. He saw murder in the mans
 eye. He saw CoCper's son circling out
 behind him. He saw a man who had
 not spoken to him for months hiding be- ! hind woman saw him with out i stretched hand. He heard no one say: i 'Carmack, 1 am here on a peaceful er- rand Instead he heard: Now, sir, we
 have the drop on you Mrs. Eastman says she did not see Senator Carmack fire and she does not think he did fire. If you believe otherwise you believe that Mrs. Eastman perjured herself. She says she saw a young man, Robin. coming up from behind and then the firing began. i And then, too, gentlemen, they murdered i Senator Carmack. don't care what your verdict is, whether you acquit or convict,
 but the Coopers entrapped and foully
 murdered E. w. Carmack.
 After the. .murder-listen now to what this old spark of southern chivalry says 1 to his own daughter: It Is all over, 1t Is | all over' Is that the voice of an honest man? Or is it the voice of murderer? !? l It is all overt? No, it is not all over. 1 That was your day, Colonel Cooper, | now is the day of the law Justice 1 demands that the muderers be punished,
 the law demands that the murderers be