The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-04-22
By Associated Press.

Nashville, Tenn, April 2I-Argu-
ments for a new trial in the Cooper
case began this morning before Judge
William NJ Hart. The two defend
ants, Colonel d. j. Cooper and Robin
j. Cooper, who were found guilty OF
the murder of Former United States
Senator +. w. Carmack, and given
20 years Imprisonment, were in court
early. Both were in excellent spirits
and held an imprmptu reception
before the sheriff opened court. Mrs.
Lucius Burch to-day. as during the
entire trial, was al her brothers side.
listening attentivey ~ every spoken
word.
The defendants were represented by
Judge Anderson, General Washington,
A G. Ewing, Jr., and General Meeks,
while General McCarn, Captain Fftz-
hugh and General Gaines appeared for
the state.
PROCEEDINGS OPENED.
The proceedings were opened by
Judge Anderson who asked that the
motion be considered as read. To this
the state assented. Then Anderson
added a new assignment in error to
the forty-six included in the motion
that the court erred in refusing an
instruction on seIf-defense. requested
by the defense.
Il do not want 10 appear arbi-
trary," said Judge Hart, but ] want
the attorneys 10 be brief. / have
already passed upon all the objections
the defense makes. most of them after
argument | do not care TO have 1t all
gone over again
Il suggest that the time be limited
said Attorney General McCarn.
IF il is not. the Lord only knows
when it will be over. Your honor was
caught once by not limiting the time
in this case and we DO not want that ,
repeated" The attorney general re-
ferred 10 arguments at the trial which
lasted nearly two weeks
Il viii not limit the time" said the
court. "but / want counsel To be rea-
sonabIe and when ] see they are not.
/ will stop them. This is a case or
law. now. not facts The way TO de-
eide a law point is to get the law
books and discover the point
GEN. WASHINGTON BEGINS.
General Washington opened for the
defense. He promised 10 be brief, as
he promised when opening during the
TRIAL AT that time he spoke for three
days.
'tOne of the points | want to take"
said General washington. lis the argu-
mept made in the case BY the state,
that Colonel Cooper fired the shot
which killed Carmack. The whole ar
gument of the state anyhow was tina:
they-meaning both the CoopeTs-
went over and provoked the diff
hcultv and thar they killed the
senator Everything was they. they.
they And the jury went out with the
two defendants inseperably connected
in their minds. If ever there was a
case where the state Of mind of two
should have been consider
ed separately, this was the case and
Y ct the jury did not so consider ana
was not so instructed"
General Washington argued At
length TO show that Robin Cooper
could not nave been guilty OF murder
as he had not been in consultation
with his father. had not read the Of
Tending editorials. had not even lived
with his father for years and went
along that day merely TO protect his
father. His entire attention seemed TO
be devoted TO the claim that Robin
should not have been convicted WITH
his father Washington tntn launched
into a denunciation of the states at
torneys for their arguments
The attorney then took up the de-
lenses objection 10 the states theory
as 10 how the tragedy happened. T1is
theory was included in the charge 10