The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-02-27

my revolver to Senator Carmack and
wanted to know If the revolver found
near his body was mine. l met the at
torney general and T identified the gun"
Ibid you mention the scabbard?'
II did sir; l asked about it of Attor
ney General McCarn, Mr.. Luke Lee and
General Fitzhugh.''
Did the states counsel ask you If you
had mentioned this scabbard after It was
found in the deceased's overcoat pocket,
here on the stand?"
NO, SIR"
Did you communicate with Mr.. Brad
ford?"
The state objected and Judge Anderson
said: I'VE want to show how we learned
about the scabbard."
ITS material" said the court.
You know Mr.. Carmack?"
Yes. sir; was his best man at his
wedding"
At this Mrs Carmack turned to her
sister. buried her head on her shoulder
and broke into tears.
The state asked; WAS Mr.. Marshall
acting as Mr.. Carmack's agent when he
'phoned you that Sunday night?"
Il do not know. He said Ed Craig told
him that the senator wanted to see"
Tell the jury what Senator Carmack
said that night and what his manner
anu dpptdIdHCt WERE
Jury Sent Out.
The defense objected and was sus-
tanned. Then the states attorneys said
Il want to argue on that. win you
send out the jury?'
Take out the jury" said the court
Now" said the court, "let the major
tell all about the meeting and let me
Judge"
when Marshall told me Carmack
wanted me l inquired where he was
He said at his office. Il went into the
office. The senator was alone. | told
him I understood he wished to see me
and he said yes Then he said in sub
stance:
q I have received a threatening mes
sage from Colonel Cooper, who said that
if | used his name again one or the
other must go ] got the message from
Craig.
" After that message there is nothing
for me to do but to put his name in
again and it goes in tomorrow.
:" I do not think there will be any
| trouble the senator went on for | have
never given him any cause to make
trouble. but my friends insist that l arm
i myself. I do not see any use in it, but
i I am willing to oblige my friends This
+ is Sunday night; | have no revolver and
! cannot buy one. VIII you lend me one?'
| Revolver's Use Explained.
| Il replied that I would ana gave him
! that pistol. He said he did not know
| how to use it. I told him it was a
: self-acting revolver, and all he had to
do was to pull the trigger I removed
the loads and demonstrated the use of
| the weapon.
What was Senator Carmacks de-
meanor?"
! Quiet and calm"
Did he denounce or attack Colonel
/ COOPER"
mo, sir"
Z I'm his hip pocket
Was the scabbard on it?''
ut was"
/ What did he say he said to Craig?
/ That that was not the first threaten
! ing message he had received from
! Cooper
You object to all this?" asked the
| court
I'VE object to all except that the SEN
ator put the revolver with the scabbard
/ on it in his pocket TO all the. rest we
object because 1t was not communicated
TO the defendants" retorted Judge An
derson.
! States Contention.
Tense had tried to prove by Craig thai
Senator Carmack was in IAN ugly mood
that he sent for a revolver and that he
began the attack In rebuttal ii Offered
the proof that the senator was not II
an ugly mood that he had firm BELIZE
that there would be no trouble; that h,
+, wanted a revolver only to satisfy hi'
frie&s and that he even did not know
how to use it.
Judge Hart said the question was mos
| important, as 1t affects the states re
buttal case. He declared he wanted al
| the light he could get and would heal
| further argument after luncheon.
| Court then adjourned until 2 p. m.
After the luncheon recess, the stat
raised new question-can witness
for the defense give evidence for thu
| state? Both sides then submitted author
| tiles and decisions which the court ex
| amined.
Hard Blow for State.
Judge Hart decided that the state wal