The Washington herald., 1909-02-27
BORROWED PISTOL
USED BY CARMACK
Witness Tells of Visit to
Office Of Editor.
CROWD AT TRIAL Is LARGE
Lieut.. PiIeher Testifes TO Having
Picked Up Senator Carmack's Re-
voIver and Handing Il TO Police.
Long Argument Between Attorneys
and Court Adjourns Until To-day.

Nashville. Tenn. Feb. 2S.-The testi-
mony Of eleven witnesses was heard to-
I day in the case Of Col D. B. Cooper. r.
J. Cooper. and John D. Sharp, who are
! charged with The murder Of ex-senator
Carmack. The most important of these
was Maj. ". 0. Vertrees, and his evi-
dence was as TO a visit he made TO the
| editorial rooms Of the Nashville Ten
[ nessean. OF which paper 8Ir Carmack
was the edito--in-chief,~ and the CONVEX
sation which took place on the occasion
Of that visit on November S, the night
before the tragedy. The evidence Of the
other witnesses was with regard 10 minor
details.
The crowd IN attendance at the trial
was. as usual large.
Maj VerTees. the leading witness Of
the day. who deposed as TO Mr.. Carmack's s
conversation with him on Sunday night,
the night before the shooting. said that
he WIS called 10 the Office Of the Ten
nessean ana reached there about 10
o'clock.
Wanted TO Arm Himself.
70 the witness Mr.. Carmack announced
the receipt from Col. Cooper Of a message
10 the effect that the Tennessean must
not in future use his name. Mr.. Car
mack, referring TO this. said he could not
understand why Col Cooper. whom he
knew well, should have sent him this
communication. Mr.. Carmaek expressed
the opinion that no trouble would result.
Mr. Carmack further said that some OF
his friends had suggested TO him tie
advisability Of arming himself He deemed
IL well 10 do so. and as he aid not know
where he could secure a revolver on Sun
day night, he asked the witness II ne
could obtain one for him
AIr- Eertrees said he gave AIr- Carmack
his pistol, which contained hve bullets.
and was incased in a small leather scab-
bard He then left the Tennessean's
ONCE, and on the following morning was
al the ChanceTy Court. where Robin
Cooper he said, telephoned TO him that
be could not keep the engagement. He
did not see Mr. Cooper until some davs
after the killing Of 1ir. Carmack. Mai.
Nertrees was handed the pistol and the
scabbard and he Identified both.
Objection l. Sustained. =
going 10 the jury. and after some argu- {
ment Judge Hart made a ruling 10 the
effect. the jury IN tie meantime having
been sent out OF the room. that the
objection should be sustained
The next most important witness was
Lieut. Winston Pitcher. connected with
the United states army. and on the re-
tired list lie testified TO having picked
up Senator Carmack-s revolver and turn
ed il over 10 the police Several Wit
nesses testified 20 some minor details OF
the tragedy
T Leigh Thompson, deputy state IN
surance commissioner, testified thar he
had picked I'D a bullet near Mr.. Car
macks body. and that in the left hand
u the deceased was a cigar. while near
his right hand was a pistol
Witness said he was in conversation
with Senator Carmack at the Tennes-
scans Office that afternoon.
Did Mr. Carmack make any threats
against Col Cooper
Court sustained the objection Of the de-
.ense 10 witness answering the question.
Defense Again Objects.
What was Senator Carmacks manner
lr demeanor as 10 whether ne was vicious
" friendly AZ that ti1ne2~
Again the defense objected. and the
,ourt sustained the objection.
Gen GARNER asked 70 be heard on the
question. and the jury vas excused for
he day
''1he purpose OF this evidence said
IT Gardner. of counsel for the State. is
n Tebuttal because the contention of the
efense IS that Col Cooper and Robin
approached Senator Carmaclz IN 2 quiet J
nd calm way. and merely mentioned his
a1-e without anything IN their remarks
0 indicate that there was anything hos
lie in their Geneanor. and that rot- {
this. Senator Carmack. who I
vas a peaceful man. drew his pistol As
con as addressed. an act in direct Oppc-
ition 70 the nature Of the man
After some further discussion. the state
sked permission 90 quote authorities on |
IS contention In the morning. and the [
equest was granted Court adjourned
ntil 2 o'clock tomorrow