Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-09
The MURDER OF CARMACK.
[continued from First Page.l

lCOntlnueQ from F1rSI fdBe.l
state in the Cooper Sharpe trial, Attor-
ney General Garner said: After care
full examination Of the record we find
that no testimony was introduced as
to the relative location of the telephone
poles at the scene Of the killing. The
court agreed that IL such testimony had
not been introduced we were to be per-
mitted to prove 1t in rebuttal"
II believe that would be proper, gen.
eral," remarked the court.
We'll" put In Judge Anderson, I'VE
were able to find that Mrs. Eastman
testified and so did Mr.. Cole" Judge
Anderson then read the testimony OF
these witnesses.
The court said he was inclined to
think the state had gone into the ques-
ton enough when Captain Fftzhugh
offered some photographs Of the pole
taken after the killing. These, too
were excluded.
The state then called c. p. Farrell
who is employed in the Tennessean Of
fee, and who on the day Of the tragedy
saw Carmack go into the drug store
across the street. He went to the drug
store a moment later. The witness
testified that Senator Carmack was not
In the business Office before he left the
building.
Mrs. G.. H. williams saw Senator
Carmack at Church street, near Sew
enth avenue, a few moments before he
was killed. She spoke to him and he
helped her on a car. She said he was
calm and pleasant, and said ne was
going home. She thought 1t was about
twenty minutes later that he was kill.
ed.
Mrs. ]. c.. McCrary, the next witness
called, testified that she saw Mrs
Eastman near the Polk flats entrance
few moments after the shooting and
accompanied her to Mrs. Forts apart.
ments.
did Mrs. Eastman take Mr.. Morgan
or any other man by the coat lapels
and tell him of the shooting?"
II never saw Mr.. Morgan. Mrs
Eastman did not talk to any man. She
could not have taken hold Of any ones
lapels, for held one Of her arms and
Miss Fort the other"
General Washington, Of the defense
asked her when her mind was attract.
ed to her failure to see the man speai
to Mrs. Eastman, she said her hus-
band asked her about 1t after he reat
the testimony of Morgan, who swort
that Mrs. Eastman gave bim a yer.
sion Of the tragedy few moments ar.
ter 1t happened and failed to mentor
that Colonel Cooper shouted to Sena.
tor Carmack: There you are sir; W.
have the drop on you" .'That is all.
said Washington.
Attorneys on both sides read the
agreement signed by both sides con.
cerning the notes written to Carmacl
by Colonel Cooper. 1t was agreed thai
the final note written at Mrs. Burch'i
home was never introduced; that the
second note written by Colonel Cooper
at the Maxwell house and given te
Judge Bradford was produced at the
hearing for bail and was returned tC
/ Bradford and that he says he lost 1t;
that the note introduced now Is copy
Of the note Judge Bradford says ht
lost.
The state rested and the defense an
nounced a few witnesses in rebuttal
The defense attempted to get in a car
bon copy of letter which a steno.
grapher at the Maxwell house said was
dictated by Colonel Cooper, but the
court sustained the objection by the
state.
Charlie Burch testified that he re-
membered that he was in attendance
on the hearing for bond and that ht
remembered that the letter or note Of
Colonel Cooper to Carmack was mis-
placed.
Both sides rested. Arguments begir
Monday.
Features of the Case.
Nashville, Tenn, March lit is not
improbable that before the arguments
begin tomorrow in the Cooper-Sharpt
trial for the murder of former Senator
Edward w. Carmack another arrest FOL
perjury will be made on the authorit,
of Attorney General McCarn. Thi.
time the accused will be a man o.
prominence whose testimony was fiat
ly contradicted by half dozen people
Of unimpeachable character The
states attorneys spent the entire day
reading the transcript Of the testimony
and preparing their notes for the argu-
ments. They also divided the testi-
mony into three sections so that there
will be no time wasted by duplicating
their arguments.
The attorneys for the defense were
equally as diligent and 1t was late to-
night when they left Judge Anderson's
office for q final consultation at the
Jail with the defendants.
Judge Hart has asked counsel OF
both sides to submit to him such In
struction as they wish to reach. tht
jury. The attorneys have been busy
upon this task for several days ant
will complete 1t tomorrow. The judge
has prepared the statutory charge re.
ouired by law, which defines the dif.
ferent degrees of murder, explains wha
is necessary to constitute each ant
what the punishment may be. WheI
he receives the tentative charges from
counsel on both sides he will accept
reject or amend them to suit his view
Of the law, add such other specih'
charges as he may believe the evidence
justifies and have the completed charg'
typewriter and placed in the RECORD
of the case. Judge Hart Is as famous
for short charges as he Is Tor never
being reversed In the supreme cour
and he has stated that this charge VII
be as brief as is compatible with tht
many and varied issues developed II
the trial.
The two points in the case which
will be the subject of fiercest attack
and defense, will be the question OF
who fired the first shot and the ques-
ton, what were the Coopers doing or
Seventh avenue, the street which Car
mack had to traverse and about the
time he was wont to go to his apart
ments?
Mrs. Charles Eastman, who is the
only witness to the shooting aside
from the principals affected and over
whose shoulder practically the shots
were fired, has sworn positively that
Senator Carmack began to fall from
the bullet wounds which killed him
before he had his revolver fairly
drawn. On the other hand, Colonel
Cooper and Robin swear that Car
mack fired first and was preparing to
fire again when Robin began to work
the deadly automatic pistol. The de-
fense built up a strong excuse for the
presence Of the Coopers on SeVensh
avenue on the afternoon Of November
9Th. It proved by Judge j. c. Brad
ford, Adjutant General Tully Brown.
Governor Malcolm R. Patterson, and
both the Coopers that as the Coopers
left the Bradford office a few minutes
before the tragedy and after the mem.
orable conference at which Colonel
Cooper agreed to drop the quarrel or
leave its settlement to mutual friends.
Governor Patterson called General
Brown on the telephone. Brown says
the governor asked him for Colonel
Cooper, that he went out and called
the colonel back from the street and
that the colonel came back and talked
to the governor over the telephone.
The governor says he asked Colonel
Cooper to come to the Mansion In 20
minutes. The defense says 1t was
while the Coopers were going there
tbot tho meeting occurred,