Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-28
THE ALBUQUERQUE MORNING JOURNAL, SUNDAY, FEBRUARY %, 1909.

on the side OF the street that John
sharpe. one Of the defendants. claims
he went up toward the capitol
The defense objected and the court
ruled that the witness could tell upon
which side Of the street he walked
and the jury would decide upon which
side John sharpe said he walked.
WAS It a smoky afternoon" asked
the states attorney.
Forest fires had been raging and
there was no wind, so the pail OF
smoke hung over the city
Gould YOU tell or sec a blue steel
pistol half a block away"
II could not"
Did you see. as you approached,
anyone at the scene Of the tragedy
Il saw a group of people indis-
tinctly."
could you recognize any Of
them
NO, sir. Ii was too smoky and
dark"
The questions Of the state went to
show tina it was impossible for the
Coopers to recognize senator Carmack
nearly q block away, or for John
sharpe to see the tragedy in every de-
tail from the orner of Union street
and Seventh avenue, as h sWorc he
did.
Roscoe Matthews, a tailor. told of
meeting John y. Sharpe, In the Ar
cadc the afternoon OF the tragedy
This corrohorates sharpe's testimony.
Dr. Richard Dake. whose office was
across the street from the scene of
the killing, told Of hearing the shots.
II rushed out. I saw Robin lean
ing against tho pole, Colonel Cooper
with his arms around his son and
Carmack's body in the street. ! made
a hasty examination Of Carmack's
body and found him to be dead.
Did you see a pool Of blood n a
bullet in II
Il did. near the dead man's mouth y
did you see a revolver"
Near the senator's right hand
did you see anyone break it?"
AFTER the body was put in the am
bulance Lieutenant Pitcher broke
it,
Did you see Mrs. Eastman
Il did. think she was highly ex-
cited.'
Robert b.. billiard, a lumberman,
from Lebanon. Tenn testified he was
near seventh avenue and Church
street when he heard the shots.
Describe the shooting
First came two shots. hen three
shots much quicker. The two first
shots were much louder than the last
three
ON cross examination witness said
he walked ON after hearing the shots
and did not learn for some time after
senator Carmack had been killed. He
looked up Seventh venue and saw
nothing, II said his failure to SEQ
might have been due to the murky
atmosphere.
billiard was sure h shots We're
from different revolvcrs.
Gould you tell whether those first
two shots came from the revolver Of
senator carpack or from the revolver
of Colonel Coopet?'
II could not"
Prof w. c. Kivington, s%uperinten-
dent of the state industrial school,
was in Or. Forts infirmary near the
shooting, and heard the shots.
There were two shots first, loud
but mufflcd. Then came three shots,
more metallic, but not SO loud"
Attorney General Garner cross ex-
amlned briefly.
call Governor Patterson, Mr., Shcr-
it," finally announced Judge Ander-
A murmur ran ovcr the courtroom
which was quickly suppressed as the
tail, slender. boyish-looking COVER
nor walked nto the room, hat in n
hand, overcoat in the othcr.
In answer to questions Governor
Patterson said he knew the Coopers
wen.
ON the day IF the shooting he had
hunted up Colonel Cooper as a result
of a telephone message from his
daughter. Mrs. Lucius Burch.'
The governor told how, with his
private secretary, Mr.. Scruggs, he
hunted Mr.. Cooper and finally found
him at the Maxwell house.
The state began to object and the
court ordered the jury TO retire.
II want TO say said Judge Ander-
son. chat we propose to ask ques-
lions heretofore ruled out, hut We
want them on record, SO the Jury had
better retire"
After the jury had gone out tho
governor vas told to tell all that had
happened.
IL found Colonel Cooper in the
writing room. writing a letter. He
told me to wait a minute. | sent for
Attorney James Bradford and Robin.
They arrived in a few minutes. Then
| learned that the letter he had been
writing was to MT Carmack. | urged
him strongly not to send it. 50 did Mi
Bradford. and Robin agreed with
us"
Go ON"
colonel Cooper Was very angry
He said ne was a private citizen and
that II senator had no right TO use
his name. that he felt as though a
was splitting in his face each
morning.
Il told him that Il he sent that let
ter il might provoke an encounter. a
personal encounter, which told him
must be avoided at all costs
"The letter was turned over 10 Mt
Bradford. who promised to adjust the
difficulty and asked il Colonel Cooper
would let him keep the letter and
meet him at his office al 3 p. m,
Il then SAW Mr.. Williamson and