Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-16

to fate. Robin was not to Ole. Car
mack was astounded that the boy did
not fall so he stepped back. II he did
not kill with two shots he stil had
three left and he prepared to use
them"
After citing the law bearing on the
case, Washington said:
1T is cowardly to creep behind
houses and drop words Of poison into
Individual ears. 1t Is not cowardly to
go out into the sunlight, bare your
breast and demand an interview that
you have g. right to ask why. Robin
would have had the right to kill Car
mack on the instant he made the step
towards his father. No law compels a
man to wait until his antagonist Is on
superior or even equal terms with him.
He may act first In consciousness OF
his own innocence Of equal intent.
Every fact and circumstances In this
case tends to show that Robin acted
in this innocence Of evil intent and he
acted very magnanimously in not
shooting when he received what he
believed to be fatal"
When Gen. Washington had con-
cluded, recess was taken.
Arguments Of Saturday.
Nashville, Tenn. March 13.-Judge
Anderson resumed his argument today,
saying:
II left the Coopers and Carmack at
the telephone posts yesterday. The
state contends that Col. Cooper had no
right to turn around and go over there
to see Senator Carfnack. have shown
you that he has right And his In
tent was peaceful, for he went with
hand extended. The state says: Why
did not you say your mission was
peacefulg because he did not have to.
There is no law to compel you when
you approach q man on the street to
yell out that your mission Is q pacific
one.
Again comes the state inquiry:
Then why did Senator Carmack open
fire almost instantly after he saw COL
COOPER The state says 1t was be-
cause Mrs. Burch, the coloners daugh-
ter, sent word that Papa is armed and
threatening to kill Carmack on sight"
and that this statement was commu-
nicated to Carmack. Mrs. Burch's de-
ductions, however. honestly made, have
nothing to do with these defendants
and they are not responsible for them"
Anderson declared again that Car
mack has no right to anticipate any
trouble until Cooper's note actually
had been received by him, an1f that the
note had not been sent. Therefore he
said Senator Carmack had no reason
to draw gun when the Coopers ap-
preached.
Judge Anderson claimed that Mrs.
Burch, the coloners daughter. was q
state witness, and that the state should
have used her II she knew anything
pertinent about the case.
"And now, gentlemen. am going
to quit The responsibility which has
rested on me Is passing to you. You
know how handicapped we have been
by the failure Of the state TO 7offer any
theory at all. But there Is one fact In
this case, which cannot be controvert-
ed. And that is that Senator Carmack
drew a revolver first and fired first
It cannot be disputed that Robin fired
only when he had to. feel safe In
the result, gentlemen, leave II to
you"
Attorney General McCarn began his
closing argument at once. He remark
ed in opening that he was not "argu-
ing the case Of Robert Love Taylor
against e. w. Carmack," or "the case
Of M. r. Patterson against E. w. Car
mack"
Washington talked so much about
bee martins and sparrows that Joe
Garner actually went to roost on tree
last night, and this morning he did
not know whether to 90 to pecking at
eagles or fly from limb to limb. so we
clipped his wings and brought him
here"
"They say the state has no theory.
When your old dad took you out to
lick you, did you ever know what his
theory was? and did he ever ask for
yours? No, he just decided from the
proof that you were guilty and lit into
you. We have no theory, we just
have the proof"
They prate Of the blue blood and
ancestry Of these defendants. It al
ways amuses me the way these fellows
with blue blood and ancestors always
think Of those ancestors when they
are brought to face with the law. Yet
Judge Anderson made q great speech,
the only real law speech In this suit.
He took what testimony he liked from
the state and what he liked from the
defense, and he asked you to acquit
on that argument"
Gen. McCarn then took the first edi-
torial to which Cooper objected from
the News-Scimitar. THAT editorial
was not written by Carmack and they
knew 1t. They introduced 1t for one
purpose, and that was because 1t at
tackled Governor Patterson, and they
hoped to reach you men on the jury
who are and were supporters Of the
governor.
Gen. Meeks said don't sue man
for libel because all you can get will
be a judgment not worth q chew Of
tobacco That is funny advice for
lawyer to give. A judgment against a
poor man, which he cannot satisfy, is
more humiliating to him than all the
things he could say about you"
"And then comes the editorial Of
October 81. This editorial refers to
the trading Of Bryan for Patterson
and mentions Cooper's name with 9TH
ers. 1t had a right to do It, What II
one of them were dive keeper, we
know he was In politics. Cooper says
he was in politics"
Then Gen. McCarn got after the
American, which, he said, was the
Cooper organ.