The Birmingham age-herald., 1909-02-21

 MT. Carmack I believe I could settle"
 Strenuous Objection.
 The entire counsel for the state were on their feet objeoting and a sharp argu- ment followed as to how far explanatory remarks could go
 The court held that anything in ex- planaton was admissible, but that the latter remark as to Cooper's proposed in terview with Carmack was incompetent. It was evident that the defense wanted this remark in in order to account for Colonel Cooper's waiting for aCarmack the day of the killing, and to support it's theory that the defendant stopped Car mack merely to protest against the use of Coopers name in the paper.
 Judge Hart insisted that the remarks as to the interview with Carmack were not admissible.
 Then Judge Anderson in an impassioned plea, frankly admitted why the remark was essential. The court was unmoved and sustained the state, to which defend ants excepted.
 After this conversation, what became of your father2"
 "He left the office and said he would be back later in the day
 What did you do then?"
 T telephoned my sister, Mrs. Burch."
 What did you say?"
 The state objected and was sustained.
 What was the purpose of your tee- phoning?"
 Purpose of TeIeph on4na.
 My purpose was to get Mrs Burch to find my father and keep him off the streets"
 Why did you wish him kept off the T feared MT. Carmack might have re- sented the message papa sent him and that there might be trouble o
 How old Is your father?''
 "He is 67 years--eld." And his physical condition?"
 His right hand is crippled. the two smaller fingers of the hand are bent in and cannot be moved"
 This line of questioning indicates that the defense will not put Colonel Cooper on the stand.
 What did you do then?'
 T went out and looked for papa but failed to find him. l returned to my office and telephoned Governor Patterson to ask him if he knew about the trouble. Next I went to the office of my uncle, Robin Jones, and told him I was very anxious to find papa. I then went to the Tulane hotel looking for him."
 Why did you go to the Tulane?"
 Because democratic headquarters are there and papa frequented them. It was on this occasion that l was seen in the Tulane window across from Carmack' s office"
 Did you get pistol that day?" Procured a Pistol.
 T did I got 1t from my uncle, Robin Jones. l, called him up and asked him if he had one. My purpose in getting 1t was this From what papa had said, from telephone conversations, from the messages"
 We object to his reasons" said Attor- ney General McCarn.
 He may state his reasons as tending to show his own mental condition and not as its bearings on Colonel Cooper's s condition." replied the court.
 Well, the message father sent Car mack was very strong and, knowing Car mack as I did, I feared he would re- sent it. I could not find papa 1 knew he was on the streets, so at noon my uncle brought me the automatic revolver. l determined to find my father and if he must be on the streets to stay near him and protect him.
 "Soon after I found father at the Max well hotel and asked him If he had seen Bradford. He said yes, he was to see him at p. m. and that Bradford would try to adjust the trouble with Carmack My father promised to stay at the hotel until p. m. Then I went to court and tried the case.' Was Colonel Cooper back at your of- flee about noon?" "No, sir; not while l was there"
 You did not hear him using the vio- lent language Miss Lee says she heard ?' No, sir"
 When did you return to the officer" About 8 D. m. and went to work" Had you received any information from MT. Bradford as to the movements of your father?''
 Yes. sir"
 "state what it was" The state objected but was overruled.
 Told Not to Worry.
 MT. Bradford told me not to worry, that it tthe trouble) could be fixed up. He said father would be back proposed to insist that father should not send to Carmack very violent note he had written.
 Father came in at 3 p. m.. followed shortly by Adjt. Gen. Fully Brown. Then I went into the office with them, and was in and out. I talked with father"
 What did you say?
 The state objected and was sus- tained.
 How long did you stay there?"
 Until father and I left
 Where did your father say he was going?"
 ITO the mansion to see Governor Patterson"
 Did you offer to go along?"
 Yes l said to wait minute and I'd go with him."
 Did you understand why your father was going to see Governor Patter- son?"
 "I did"
 Why was he going therea',
 'To meet Governor Patterson and MT Austin Cooley, at Governor Pat terson's request
 Fathers Mental Attitude.
 "At that time had you been informed as to what was your fathers mental attitude toward Senator Carmack
 The state objected. The defense claimed this went to show the mental condition of Robin, and that his con dition was affected by his fathers feel ing.
 The court ruled that no conversa- tion could be given, but that the wit ness could give the effect of it on his mind.
 Who told your father that Gov ernor Patterson wanted to talk to him?"
 Gen. Fully Brown"
 Did your father want you to go along?"
 He did not"
 "Why?"
 "He did not apprehend any trou- ble, as he thought it was in process of settlement. He did not apprehend that he would meet Carmack."
 Had you reason to believe that your father was feeling better?"
 Yes; father said he would not send the note he had written to Carmack" Had you received any information as tO what was the result of the com