Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-02

scene of the killing from the corner?"
(John Sharp swore that he did,
ct don't think So
The defense objected and the court held
that the question should be:."How close
to the scene of the tragedy did you have
to get before you could recognize any
one?" BE-
The state declined TO put it, however,
and excused Mr.. Thompson for the pres
ent. '--
The aim of the state was to
show that it was impossible for
the Coopers to recognize Senator
Carmack nearly a block away or for
John Sharp to see the tragedy in every
detail from the corner as he swore he
did. - 49,.
Roscoe Mathews. a tailor, next told of
meeting John d. Sharp in the Arcade the
afternoon of the tragedy, of stopping
him and soliciting an order for a suit of
clothes. This corroborates Sharp's tesil-
mony to the same effect. While talking
to Sharp, Colonel Cooper and Robin came
I up and were introduced. He was cross
examined very briefly, nothing new. devel-
oping,,, $50 ,..-,. -... e.,
-. Heard Five Shots.
Dr. Richard DalSe.-~ whose office was
across. the. street from the scene of the
killing, next told how The heard the shots
and ran to the window, He heard five
shots with an interval between the first
and second shots, which were louder than
the later Shots 3 r7s Oh s. s.t
II rushed out. saw Robin Cooper lean
Ting against the pole, Colonel Cooper with
his arm around his son, and Carmack's
body, in the street
What did you do?''
''I made q hasty examination of Car
macks body, and found he was dead
Then 1 waited for an officer"
'How was he lying?' - .>..
Head to the north, partly on his right
side, right hand extended, left leg slightly
flexed. -
did you see a pool Of blood and bull
II did, near the dead mans MOUTH
Anything in the left hand?'
"a cigar. AS 1 stood, the fingers relax
ed and the cigar slipped to the pave
ment"
Ibid you see a revolver"
Near the senator's right hand"
Did you see anyone breech it?'
After the body was put in the ambu-
lance, Lieutenant Pitcher broke it."
did you disturb the body in your ex-
animation"
mo sir. AS soon as I touched the body
/ knew he was dead. 1 may have moved
| it very slightly" s~ ..s+ .-
did you see Mrs. Eastman"
81 did" s-. t.rt .ttt.H' sis g."
Mrs. Eastman Excited.
/ was she hystericaIy''
IT think she was highly excited g"
! The state objected unless DR.. Dake was
I an expert on Mysteries. The doctor smfl-
ingly said he was not a specialist on hys-
terics. On cross examination, the state
, asked why the doctor described an inter-
val between the shots.
Because I was asked to describe the
shots"
You were simply asked how many
shots you heard, were you not?''
mo, sir 1 was asked how many and
to describe them"
The state challenged the record and the
stenographer sustained the witness.
you never. in your testimony on the
! preliminary hearing, referred to one shot
being louder than the other?" t...
81 was not asked as to that point at
that time.
General F1tzhugh, of the state, pressed
the witness closely as to differences be-
| tween his recollection of the incidents
now and his testimony at the earlier hear
! ing but could secure no admissions from
him. Invariably the record sustained him.
Lumberman billiard Testifies.
Robert B. billiard, lumberman from
Lebanon, Tenn, was in Nashville the
day of the killing and was next called. He
/ said he was near Seventh avenue and
Church street when he heard the shots.
Describe the shooting"
/. First came two shots. then three shots
livery much quicker. The two first shots
/ were much louder than the last three"
On REORGANIZATION by Attorney Gen
! eral McCarn, the witness said he walked
on after hearing the shots and did not
learn for some time that Senator Car
mack had been killed. He admitted that
the day was dark, that he looked up
! Seventh avenue and saw nothing, and
I that his failure to see might have been
due to the cloudy, murky atmosphere.
billiard was sure that the shots were
/ from different revolvers.
| You didn't so state to the states at
( torney, did you?"
/ 81 was not asked
/ Can you tell whether those first shots
came from the revolver of Senator Car
mack or from the revolver of Colonel
| COOPER"
! 81 could not"
STAND aslde.''
! Professor w. C. KHvington, superinten-
dent of the State Industrial school. testi-
! fled that he was in DR.. Forts infirmary,
near the shooting. and heard the shots
There were two shots first, loud but
muffled. Then came three shots, more
| metallic but not so loud"
/ Gross examine" -..-
Governor Patterson Called.
/ Attorney General Garner eross-examined
briefly as to the time between the first
! two shots and the others. 5-'- d.. .
I "Will you indulge. us a moment?' said
! Judge Anderson. The court acquiesced.
| After a few moments, delay, the. counsel
returned and Judge Anderson said;
call Governor Patterson, Mr.. Sheriff. "
A murnn ran over the room, quickly
suppressed. as the tall slender boyish-
| looking governor walked into the room,
hat in one hand, overcoat. in the other.
| He listened to the oath, and said: Il do,