New-York tribune., 1909-03-10
DEFENCE OF COOPER
JIEEKS .JUSTIFTES DEED,
L n7critten Lazc for Editors -Cro5cd'
at Carmack Trial.

at Cumack Trial.
Nashville Tenn March e-The unwritten ID"
was extended to-day 10 cover editors VINO a'IaoA
private or public men by General Meeks. OF cO'''-
sci for defence in the trial Of Colonel duncan
-oonor Rohf, CooDer and John D Sharp for the
murder Of Ex-senator Carmack. The INNOVATION
was sprung during General Meeks' speech to 'l'e
jury. Previously he mad eXpressiy d'Selaiiie1 .-s
belief that ans editorial attack justified killing jle
writer. But when warmed up to his suoJer'' "''
e burst Of eloquence he said.
You talk Of the liberty of the press. Why, gen
tlemen. lives who believes more nIilIz m a ~
the laert,- Of the press than do. But when a man
~ ~ m f1f 'irIse and nisrtales TO defame and
dehle and your family. what are you 80 s"ts - ~
recourse N the courts Yes and YOU ] seI me - Igfs nrie
for $4,000 against man not Wofln 'hs pii0e
,,,r - is,.a run red before with the blood Of men
Ta1 Prints 5"p''p''' 's'o ''''@ "
General NIeels devoted Eve hours to the speech
He painted the defendants As the finest types "I
Southern aristocracy and breeding; declare" iio
crime had been committed when Senator tarina'A
was shot 10 death and closed with dramatic ap-
peal the jury TO turn loose this gallant 'i' SUI
dier-CoIonel Cooper
Immense crowds attended both the morning and
afternoon sessions to-day. but, warned by Judge
Hart. ATTEMPTED no demonstration, As he warmed
I'D to his subject General Meeks said:
The state has appealed to you to enforce re, ,19 the
seems 10 he to convict some one innocent or &.JS-
/ want 10 say TO YOU. sentlene,| | ma zay- M a vii
ness So shamefulIy treated as was CoIonsi cooper
Icy Captain FItzhugh
ATTACKS OK CULONELS CHARACTER, X,
The prosecutor seemed careless as to Wi4el-S me-
he acquitted or conXicIsa 'iI7 in he 73d seem de
murder OF Senator taTIlayh. I.s - N N.,,ararrer He
termiued To besmirCh the witness t.la' ,,- l,as
that to do with the killing Of csrmpsge fPnds Tndg
tried TO make y"n helleN ma ma ,I' What has that
~ do with the killing of tamack. 1ou saw ',lo o
,+s -, ne srar5 You heard him swear that no
WlIneSs @ yi ~ ,..T = il1ar through him You heard
him swear his business rneflgi - 80 ,yas
successfu The whole scheme Of me sSaTe f,,t f
disgrace him publicly on his record
General Nfeeks went exclusively into the incident
Of the message from Governor Patterson why me
Governor sent it and argued that it was this
message alone that brought the toopeis 10 7'e'i'
avenue and led 10 the shooting he continued
,e1iaG I,ack %oy even if il were material, which
il is not we have four Witnesses aEalIsl hei -.
er,7or Patterson James Bradford and Rohlu CooPe,I
And yesterday captain FitzHueti a. laslle as ~; N15sS
Taee ureserce Now. Miss Lee herself sald @ @tIla5
Colonel Cooper Vas IN a]noleI ] eiliC a he Vas not in
The once al a II at noon. that he was IN brauf"rd
ONCE only twice that daE-once al a m. m, ana R
men who showed Colonel Cooper the morse ~
sgSears he was with them between Il and y
Now, Miss Lee may have heard 49, Soio5,I II him
swear early that morning In tscI the e@LglFl
self saws that he used profane laugu -
p inc. and If she was mistaken about one thing
then she may have been mistaken IN o'le'S
General Neeks next took up John sharps case,
and ridculed the evidence offered by the state he
asked the jury # they were going to hang a man oe
cause he said Senator Carmack should have been
dead and in he'll twenty Years ago he cialmed
that even if John Sharp did say TO Miss skefnston'
THAT IS Dune Cooper shooting Carmack' he
predlcated his assertion upon what he saw when he
looked back
General AIeeks argued that Colonel Cooper nav
ing decided not to press his demands upon Car
mack walked over 10 talk the matter over peace
ably. that having failed TO send the note which
he knew and Carmack knew was 70 he the declara-
tion Of war he had idea Of trouble. He went on.
And he never even drew lis gun Then s b he sSE 5I
lis own son engaged N - d =, = - 1bs stata!s @
star witness Mrs Eastman. who never told any
she knew against the accused. But she says when
she turned around that she saw 1oiohel cooper
WOULD HAVE AVENGED son.
Colonel Cooper's-that Colonel Cooper ever are" a
gun. He said he did, after the sio2tlE stopped:
and asked why he replied: To kill 'armaek
The father Who viii not draw protect his own
the son who will not fire to protect his fether is
not worthy TO have father.
General Meeks again paid his respects 70 the
,-. tor the prosecutions intirnation that he and
General Washington had put the revolver scabbard
in Senator CarrnacI's overcoat pocket lie attacked
the state for its failure go more into detail
10 the Carrack revolver. and its position when
found, for its attempt to prove that Robin Cooper
fired nret and for its failure Introduce DR. Glas
gov 10 describe the autopsy He said:
Carrnack shot Robin Cooper twice before Robin
con draw his gun. The colonel ana his
not there for val: they we{e up there on peaceful
errand The b0v. taken by surprise, then drew his
revolver and killed the man VINO trying To Kill
him. Under the laws II God. of human nature and
Of Tennessee he is guilty Of mo crime. And II Robin
Is guilty crime, then Colonel Cooper is guilty
Of none. # neither Of the CooPeTs Is guilty,
John Sharp cannot be guilty
The attorney next took up Mrs. Eastman's testi-
Inony and attacked it. claiming the witness was
frightened and hysterical and could not remember
al that actually occurred. He then went the de
fence Of Benning. the witness arrested on per
jury charge. He described Benning as old
arIner nIiterate poor. but who told the truth
He failed 10 explain Bennng's two stories about
the color of Carmack's revolver, or his statement
after the killing. that II he had been five ten
minutes earlier he would have the killing"
General Meeks closed at 4:l0 p. avin2s spoken
exactly I'VE hours He was completely exhausted
and sank YEARLY chair General Garner. for
the state, viii begin his argument tomorrow
morning.