Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-12

Z
7 As To Scabbard s. ~
Nov. 1 am sorry General Meeks re-
ferred to that scabbard l wished that
both sides had been satisfied with theiI
position. Now. there is no doubt thai
the scabbard was i'm Senator Carmackk
possession the night before. But where
has il been since? i have seen now
rash General Wasl IN was. He actu-
ally tried to cross-eAa.nine Mrs. Eastman.
And he actually tried TO prove that the
scabbard was on the gun as Senator car
mack drew IL, that he removed II WIN
his left hand. There is no dispute thai
within a few seconds Senator Carmack
, was dead. Then, how in the name of God
did IL get back into that overcoat pocket?
"I'H tell you, somebody put that scab-
bard there after the clothing had been
searched three times. Why, don't know
would like to know though, why they
are manufacturing evidence.
Robin Cooper may have found bul-
let in his bed. But il does not-cannot
have-come from the wound. But l do
not care how many doctors say that q
bullet would wash and clean itself and
come out of the wound and then get down
in the bed where il was out of the way
I do not care who says so, i do not be-
lieve it.
why do they put up such a story?
These things confound us. 1 have not
touched upon the facts in the case on be-
half of the state. L have confined myself
TO the defense's own testimony, but after
adjournment 1 will briefly address myself
TO the theory of the prosecution.
Court thereupon was adjourned to 1:SC
p. m.
Mrs. Burch Not Present
For the first time since the earliest
hearing in the case, Col. Cooper's daugh-
ter. Mrs. Lucius Burch, was not at the
side of her brother when court opened
today. Her absence created a decided
sensation among court officers and regu-
lar attendants at the trial. 1t was an
nounced that she was ill-almost in state
of eclipse. The power of concentration
displayed by this delicate girl has been
the marvel of everyone who witnessed 1t.
Not a sentence, not syllable, not the
movement of an eyelid has escaped her
and counsel for the defense, whose con-
ferences she has regularly attended, say
she has been of invaluable assistance to
them.
For several days Mrs. Burch has been
visibly nervous and i'll at ease, and her
collapse was not unexpected. Her condi-
ton, however, is not serious.
Women Crowd Courtroom
crowd, if anything, was larger than at
the morning session. Fully half were wo-
men. The aisles were crowded again, and
as Judge Hart noted the throngs, he re-
marked: 81 notice that some of the ladies
are very crowded. But that is all right
for you are all old enough now to be used
to being squeezed"
The laugh which followed was largely
masculine. The women only blushed anG
smiled. The luncheon brigade was out in
force, and two negro janitors worked
their way through the room, picking UP
the scraps and bits of paper.
I'VE have now reached a point" said
Mr.. Garner, where it is our duty to dis
cuss the testimony of the states wit
nesses. We have discussed the testimony
of the defense-every phase of it, except
one-and upon that one phase alone, they
are guilty.
ION the witness stand Colonel Cooper
said himself that he turned suddenly on
Seventh avenue and approached Senator
Carmack Now should not Colonel Cooper
have told Senator Carmack of his change
of purpose? II is the states theory that
no such change of purpose ever took
place. But IL it had, il was the duty of
Colonel Cooper to have notified Senator
Carmack of the change.
lit is law and common sense that no
man shall put another in fear of assault
and approach him with an overt act.
Colonel Cooper committed an overt act
when he approached the senator in a
threatening manner. with no avowal OF
withdrawal OF the threat which he
had sent. ..... ~ . .,
Col. Cooper Started Difficulty
"Col. Cooper's defense must read, if
rest il can upon anything, upon the
avowal that he had no evil intent and
this must be supported by a statement
which has not been made. that he noti-
fled Carmack to this eject. You are
told that Col. Cooper is not guilty be-
cause Robin fired the shots and that
Robin is rot guilty because he fired in
self-defense. Gentlemen. if Col. Cooper
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 must suffer. the limb must
die.
did Col Cooper bring on the diff
Guilty? who says he did not? He could
have kept on up Seventh avenue and
Carmack would still be alive. Whose
fault was It? Carmack did not bring it
about, did he?
LIBERTY OF THE PRESS
DISCUSSED BY COUNSEL
NASHVILLE, Tenn. March 10.-The I'M
written law was extended Tuesday to
cover editors who attack private or pub
lie men by General Meeks. of counsel for
defense in the Cooper-Sharp trial for the
murder of former United States Senator
E. w. Carmack. The sensation was
sprung during General Meeks speech to
the Jury. Previously he had expressly
disclaimed the belief that any editorial
attack justified killing the writer But,
when warmed up to his subject, with a
burst of eloquence, he said:.
you talk about the liberty of the
press. Why, gentlemen, no man lives
who believes more firmly in the liberty
of the press than do. But when a man
In an editorial position turns the liberty
of the press into license and undertakes
to defame and defle you and your fam
fly, what are you going to do? The
prosecution will tell you you have your
recourse in the courts. Yes, and you
get a judgment for $4,000 against a
man not worth the price of a plug of
tobacco. Is that satisfaction?
"Oh, gentlemen, / tell you that the
streets of this, our city, nave run red
before with. the blood of men who i'm
properly used other mems names in pub
lie prints"
General Meeks devoted five hours to