The Birmingham age-herald., 1909-03-14
Personal Difficulty Is Narrowly Avoided Between Sheriff
 and McCam
DISPUTE OCCURS AFTER
 ADJOURNMENT OF COURT
Judge Anderson Concludes Arqumsnt for Defense and McCarn Speaks the Rest of the Day, But
 Does Not Finish.

Nashville March 13.-A personal ciash between Attorney General Mccar, a.a 0nerlfI sam Borum was narrowly averted ai'er court adjourned this afternoon in tne Cooper-Sharp trial for the murder or former Senator Carmack. Hot words were exchanged, and for a moment fl looked as though serious trouble would follow
 Ill ms argument to the jury this after noon, McCarn charged that the cooners and sharp had never occupied cells. that they enjoyed privileges and that in grant ing these privileges the law was violated Some one told Sheriff Rorum of u. charges, and when McCarn started to leave the building he was confronted At the head of the stairs by the big sheriff.
 I understand, general" the latter he- gan, that you say I have accordea to the Coopers and Sharp privileges do not extend to other decent white prisoners IT you said that you told falsehood
 mere was no mistaking Borum's mean ing. He was angry clear through and he is known as one of the eamest men in the state. McCarn. too, while small in stature mas proven his courage in several instances Before he became a lawyer he was cowboy on the range in Texas. He stepped up pretty close to the sheriff and said coolly:
 Mccarn Defiant.
 Be little careful what you sav. s.r, said you had violated the law of 1ennea- see in permitting prisoners to confer to- gether without an officer being present.
 If have violated any law I'll apolos ; sgize''
 Well, you come into my office and I'll show you the code"
 T don't want to see the code. retorted the sheriff hotly. T am responsible for my office"
 A friend of McCarn's leaned over and whispered to McCarn:
 Remember, general. the sheriff is armed"
 McCarn's friends hustled
 Borum, still angry, said:
 T don't propose to let McCarn bluff me The trouble began when the Coopers were first arrested. I have treated them as l always treat gentlemen who are unfor- tunate enough to be committed to my custody There is no danger of their escape and it costs the county nothing.
 'McCarn, when Sharp was arrested, told me he didn't wish him to have access to Colonel Cooper. I was able to fix that, as in the old Jail I had room on the ground floor. I put Sharp into it and told him he must not go up to Colonel Cooper's room He was an ex-sheriff. a gentleman and entitled to some consideration This I extend to all prisoners who come as well spoken of as the Coopers.
 Would Not Obey Mccarn.
 "A little later. Robin Cooper was to be brought to jail from St Thomas hospital. McCarn telephoned me that he wanted Robin kept separate from the others had made Up my mind not to do 1t. The boy was Just recovering from wound. and the old father had begged me. Don't take my boy away from me- told Mo- Carn l wouldn't do it. Another reason was that the Jail was crowded. and I had no other room except Colonel Cooper's in which to place the boy. so I put them together. This angered McCarn and he has been angry since. As far as carrying
 
 to carry one, and McCarn Is under indict- ment here now for carrying one"
 General McCarn, five years ago was the head of the secret committee of 100 which closed mp dives and gambling houses and forced the saloons to shut their doors on Sunday. The liquor men secured his in- dictment for gun 'toting then, but tho case was never pressed.
 It was expected that the arguments would be concluded by tonight but Gem eral Mccarn declared he was exhausted about D. m., and asked an adjournment until Monday at a. m. This was granted by the court. McCarn will conclue then and the case should be before the jury by sfen9ay afternoon.
 When the trial opened today Judge Hart announced to the attorneys that he could not complete his charge before Monday afternoon This desy is due to the fall submit instructions This means that there will he no verdict before Monday night or Tuesday.
 Judge J. NJ Anderson resumed his arr gument with a promise not to weary the jurors long.
 made yesterday.' he said but l want to recall to your mind the fact that even as good a man General Garner, un- consciously l am sure. misquoted tho record. I recall this merely to show you that 1t is difficult for even the trained mind to repeat accurately or verbatim any exclamation or statement that the human ear hears.
 T left the Coopers and Carmack at the telephone posts yesterday and we will take up the case right there. The state contends that Colonel Cooper had noa right to turn around and go over there to see Senator Carmack and that he dld so with no peaceful intent have shown you that he had a right under the law to go any place, to follow, to seek out Carmack. And his intent was peaceful for he went with hand extended But the state says: Why didn't yor say your mission was peaceful? Because he didn't have to. There Is no law to com pei you when you approach a man on the street to yell out that your mission