The Montgomery advertiser., 1909-02-28
Gives Testimony for the
 Defense. PROSECUTION DECLINED
 TO CROSS-EXAMINE HIM Spectators Listened Breathlessly to His Every Word. Tennessee's Chief Executive Told the Court How He Had Acted in the Role of . Peace-
 maker-Jury is
 Excluded.

Nashville. Tenn, Feb. 27.-Two facts stood out strongly in the Cooper Sharp trial today, for the murder of former United States Senator E. w. Carmack.
 One was the calling by the defense of Governor NJ. R. Patterson The other was the failure of the State to cross examine him. It has generally been conceded that-however innocent ly-Governor Patterson was one of the remote causes for the killing. Car mack ran against Patterson for the Democratic nomination and lost. Col onel Cooper. former patron and friend of Carmack, supported Paterson. The newspaper fight which began then, did not end until the morning of the day of the tragedy.
 Throughout the testimony in the case. the name of Governor Patterson appeared continually, and insistentlye Finally Colonel Cooper testified that the Governor sought and found him few hours before the tragedy. So the defense called the Governor today did at reluctantly. gladly, according to others Anyway the Governor testi- lied twice. once before the court and again before the jury. To the court. he told how he was called over the telephone by Colonel Cooper's daugh- ter. Mrs. Lucius Burch what Mrs Burch told him, he did not say. But 1t Is known that the girl was in deadly terror and appealed to the chief ex- ecutive to use his influence to avert tragedy.
 Whatever Mrs Burch said so im- pressed the Governor that he took his private Secretary and began frenzied hunt for the Colonel, commencing at g q. m- and ending at the Maxwell Hotel at noon, where he found Cooper. He told Of conference there at which, besides himself, were present the Col onel, Attorney James Bradford and Robin Cooper He declared the Col onePs anger and his declarations and told how they soothed the old soldier and made him promise to let friends arrange peaceable settlement. Every tinteresting detail was revealed. down to the culmination of the affair in the ish hooting on Seventh Avenue, near Union Street. Somehow, the news got out that the Governor was to testify, l and half an hour before he was called, Athe empty seats began to fill. When he was called, one of the biggest crowds of-~the trial had damned the court room. The throng listened breathlessly to his every word. The Governor is trained public speaker, and he used his voice to splendid ef- feet. Illustrating his words with ges- lures.
 After he had told his story to the , court, Judge Hart listened to argu- ments and decided that the Governor could not repeat the conversation at the conference he attended, but might say what he result was and describe the, Coloners manner and demeanor.
 The State. to the surprise of all, de- clined to cross examine but reserved the right to recall the Governor later for a grilling. This decision followed q long conference of the States attor- neys and none of them would explain 1t.
 Immediately after the Governor was excused, Judge Hart adjourned court until Monday at a. m.
 General Garner opened the days proceedings by asking that the further cross examination of T. Leigh Thomp- son on the subject in dispute, be postponed until later.
 We have some authorities to cite and will prepare a brief. We, will furnish the defense a copy. In the meantime. we will ask MT. Thompson a few questians not connected with his visit to Senator Carmack I ask that the jury be brought in."
 MT. Thompson, when you reach ed Senator Carmack's body, did you see a hat?"
 Not until after we put the body in the dead wagon. when some one handed me a green hat and said 1t was his" /"
 What did you do with it?"
 T do not recall. I gave 1t to some tone." N Was 1t Carmack's hat?'
 'I understand 1t was not the Sena- tors"
 How did you know?"
 T never saw him wear a green hat, and the hat he wore a few hours be- fore was different. It was u brown derby"
 The witness told how, upon hearing Senator Carmack had been shot. he ran from the Capitol. a block away. to the scene of the tragedy.
 You came down Seventh Avenue on the same side of the street thaa John Sharp, one of the defendants, claims he went up towards the Capi- tol?"
 There was chorus of objections by the defense and the court ruled that he could tell upon what side of the street he walked. and chat the jury could decide upon what side John Sharp said he walked. The State then took the plat of the scene of the murder and had the witness point out which side he traversed on his walk.
 Was it a smoky afternoon?"
 Tt was most unusually smoky