Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
Special Prosecutor DevoteS Five
Hours to Bitter Arraignment
of Senator Carmack'S AIIeg-
ed SlayerS.
LIBERTY OF THE PRESS
INVOLVED HE CLAIMS
Audience Sits Silent While At
torney Tears to Pieces Re-
putation of Aged Defendant
in Murder Case.



Nashville March S.--After Captain
Fitzhugh had completed the opening
argument for the state this afternoon
In the case against Colonel Duncan D.
Cooper, Robin J Cooper and John
u. Sharpe, charged with the murder
OF former United states Senator Il. W.
Carmaek. Judge Hart ordered the jury
withdrawn, and said:
Il asked the audience to remain
until after the jury was dismissed In
order that | may do something that
/ never did before. want to thank
YOU for the splendid order preserved
today In spite of the splendid bursts
OF clOquence from the speakers there
has not been a single demonstration. =
Captain Fitzhngh spoke more than
nve hours. lie was close friend OF
Senator Carmack and he is In the case
at the SPECIAL request OF Mrs Carmack
There viii be many arguments
made to YOU" he said, ITO touch your
hearts You win bo asked to be gen
crous and sympathetic. They will talk
20 you of this boy why gentcmen
he is "a years old and some OF the
greatest achievements of men have
been accomplished before a man is
thirty ana they viii pomt to Colonel
Cooper as gentleman OF tho old
school as the last Hover Of the old
southern chivalry'
do you believe {? was he gen
tleman when he used that awful lam
guage in the presence OF Miss Lee?
And when they will talk to you of
sympathy. just look over there. You
soc In sable garments the widow of
l.. w. Carmack. You see on her arm
the ten year old boy who was the
pride of Il. W. Carmacks life Did
Duncan Cooper or Robin think OF this
widow or this boy when they shot
down the husband or the father?
"Thc question TO be decided is
or not the law is to be en-
forced
IF murder Is To be committed in
the streets of our cities without fear
of punishment. can you tell who viii
be the next victim? The very liberty
of the press is at stake. the security
Of the common people"
when Captain Fitzhugh began his
argument. he said. with mingled feel
lngs OF regret and pleasure-regrct
that l should have to aid in the in
luiry into the death of my dearest
friend" Continuing. he said
. 'On the afternoon OF November 3
here was enacted upon the streets of
this city tragedy which robbed a
woman of the tenderest husband;
boy Of loving father, and the COM
nonwealth Of brilliant statesman.
whose achievements have added lus
ter ana glory to the state. If il is
murder when a man takes life upon
l sudden Impulse. how much more is
/ murder when o mans heart IS so
full Of malice ana revenge that he
spends all day Sunday and most OF
Monday devising ways and means of
taking the life Of the man he hates |
bitterly"
Next Fltzhugh explained how on
sunday night, November 3. Colonel |
Cooper met Craig and made threats |
against Carmack and how these
hreats were transmitted to the dead |
ienator.
Colonel Cooper met Craig on per-
ional business. but he pressed the |
business to one SIDE and revealed what
ya in his black heart said the at
orney
lie owed his friend. Craig. money; !
ie owed all his friends money. and |
ie never bothered about the money |
le owed, This did not bother him.
,ut he broke out and said n my |
lame appears n the Tennossean
gain. either Carmack or | must die
rhis Is the man who IS the scl-con-
esscd lobbyist FOR a railroad. this is
he man who is charged by reputable
non with having embczzlcd money in
rustcd 10 his care.
This man whose name has bccn
,andicd about the state. this man
Who's. dark and devious ways nave
low been uncovered dared send an
loncst and upright journalist the
hrcat that IL his name appeared In
he Teuuessecan again. one OF them
must die
And when the tragedy was over
he defendants began TO look FOR a
ausc for an excuse What did they do
hat Carmack had referred to? That
title oald-headed angel. Dune Coop
r" had asked; did the angel come
rom above or below" and was there
smell of sulphur ON his wings
"Gs that reason enough To kill
nan2 why gentlemen. Hartman,
Rockefeller and Morgan are private
tt untiuued an Pare = Column ~