Daily press. [volume] (Newport News, Va.) 1896-current, 1909-02-27
DAY ONE OF BITTER WRANGl|MG
Cooper's Friend Tells Judge That
Carmack Laughed at the Idea OF
Trouble-Testirnony Not Allowed to
Go to Jur,-co"tr'd'et.n Defend
ants Chief Contention.

ne nlniH uaN Ol HfNuHI N'StiHipHN III
the Cooper Sharpe trial for the clay
ing of Former United states Sena-
tor Edward W. CarIaark was marked
by lengthy ami litter argument be-
tween opposing 90 mel
Al the same time IN Interesting
law point Was decided hy jddS"
Hart.
The defense carl in Z" case in
chief Offered pr}"i tina Colonel Coop
cr was told by Edward Craig. whom
the Colonel had S'n to see senator
Carmack. that Carmack was in an
"ugiv humOr."
The defense's case was basel real
ly upon this one expression. for Col
onel Cooper and Robin both testified
that they armed themselves because
they were led to believe from this
remark that Senator Carmack might
assault the elder Cooper.
state Embarrasses Defense.
Today the state offered to prove
hv two OF the defense's own witness
es--MajOr Vertrees and Assist ant
State Insurance Commissioner 7.
Leigh ThOmpson--tnai Senator Car
mack was not only not In ali ugly
mood hut laughed at the idea Of trou-
bic.
The defense fought the admission
" this testimony with more vim and
bitterness than has characterized any
ii. gument since the trial began.
Counsel offered two reasons why
it should be excluded.
First that the state could cross ex-
anime only On such matter as had
been gone over in direct examine
ton. The court promptly rejected
this theory.
Next the defense argued that IN
less all The conversation OF Witnesses
with Carmack. as well as their OBJ
servation Of his manner and appear
ance had been communicated to the
defendants, the testimony was mad
missable.
Court Holds With Defense.
In the question Of Major Vertrees'
testimony. Judge Hart excluded the
jury and permitted the state TO ex-
amiue the major for the benefit Of
the court.
He admitted all that the state SAIL
he would: that Carmack laughed at
the idea of trouble: said he had done
nothing to provoke it. and that he
wanted a revolver simply to satisfy
his friends. Then counsel on both
sides argued and the court held with
the defense
Later in the day. when T. I3igh
Thompson was Oil the stand almost
the same question arose and the ar
gnment began anew.
judge Hart said that he would rem
der his decision tomorrow. but inti-
mated that unless the state had dis
covered some new authorities to sup
port its contentious. he would rule
cut the testimony.
Cooper Wasn't So Liberal.
Colonel Cooper resumed the stand
when court opened and said:
Il wish to make one statement Nv
testimony yesterday as to "elpiBg an
old soldier with money as | read IL
in the strnographer's transcript this
morning. was misunderstood, and ]
am afraid IL is nv fault. ! secured
81 .0J0 from my farm. | gave on!T
$5o OF II to the old soldier. hut "y:-
IDENTIFY everyone thought I said $l."5".
That's all"
Cooper was then excused.
After some DELAY waiting for 4
witness who did not arrive. iieuten-
ant n. L. Pitcher. T.. : A. who fOuni
the revolver near Carmack's body.
was called nv the defense.
He said that he had j"'st left The
cln..'a block away from the tragedy
before the killing and saw crowd
and as he approached found Senator
CarInack lying in the gutter. face
down. His right hand was extended
ard the revolver ~as eirbt inches
from the hand. Witncss picked mp
the revolver and broke IL;
II Contained four loaded shells and
Two c.rpiy ones. 7; was a 3scalibr"
hammer "ss.
o. When Fired.
On cros q, lxamination Pitcher said
he had no means Of knowing as TO
how long u had boon since The re-
voiver had been fired
Sergeant Meadows. Of the Nashville
police force. was the next witness.
he went to Forts Tnfirmary and got
from PatroIman Vaughan two revo'v-
ers-onr. Robin cooper's ?2ca'ihre
,rx~,t.,~S oo conoal paHel