The Birmingham age-herald., 1909-03-12

Murder does not run in that breed. an arlstoefate old blue blood family. They say he had malice in his heart. If you went home and found your wife and daughter dead and the mur- derer at large in the neighborhood and you shouldered your gun and went out to Kill that murderer. would you would you have malice in your heart He has an engagement with Craie about debt he owed Craig. He tells Craig he has not the money just now. Then, knowing Craig is a friend of Carmaek, he tells Craig of the insult and he uses violent language. So would you. any one of you. Gentlemen, I tell you you will not put the moose around the neck of any man for doing what you would have done under similar circumstances. No jury, thank God, ever did, and none ever will.
 Now, maybe Colonel Cooper did say to Craig, If my name appears again in the Tennessean, one of us must die, or The town will not be big enough for both of us l do not care which you select. They both mean the same. Colonel Cooper was mad, the words were spoken in a passion and were not meant and no one ever be- leyed they were.
 Mission Fruitless.
 But Craig comes back and says. Colonel, l can do nothing He may not have said, 'Carmack is in an ugly hu- nor
 Colonel Cooper says he did. and I be- lieve he did, but if he did not the si- lence after that phrase, Colonel, 1 can do nothing told more than all the words in the world
 J,ft ;p1- of your old friends age his infirmity ? Why didn't you think of his two beauti- full daughters who have hovered around him here like exquisite guardian angels? ? If l could have two such daughters as these l would be willing 10 undergo what Colonel Cooper is now undergoing and think the price paid was cheap.
 But what does Carmack do? He arms himself. He fears the note Colonel Cooper threatened to send will not come He says. I am not going to let him escape. l am going to make him send me that note.' So he wrote that last editorial, The Dip lomat of the Zweibund.' !"
 General Washington asked the jurors if they had ever seen bull fight. None intimated that he had, so the speaker de- scrbed one He compared Colonel Cooper with the bull and declared that Carmack's s editorials were the banderllos which mad dened the pull into a charge.
 Who is the lnatador? Who carried the keen damascus blade? Our great matador seizes his pen and writes and he uses revolver as a paper weight And he hurls the last banderillo to drive the old bull into a frenzy.
 Cooper Is in my way says Car mack The brains of Patterson are in my way, and I'll drive
 State Objects.
 q object" said Attorney General Mo Carn. T don't object to anything that is in the record, but there is nothing in the record about the brains of the ad- mlnistTation."
 Just a harmless pleasantly" said Washington.
 well, stick to the record for your pleasantries," replied McCarn.
 'Ill get right back into the record whenever I get out" promised Washing ton.
 Better stay in," commented the court, then you won't have to get back into It.
 well. Carmack wrote The Diplomat of the Zweibund, and he thus declared open war.THe did it to declare open war and to compel Colonel Cooper either to let him alone or to approach him upon the street. He knew that with those crumpied fingers Colonel Cooper could not pull a trigger; he knew he was safe
 General Washington took the reVoiVer and showed the jury how hard it would be for Cooper to shoot. We can only coniecture what was in Carmacks mind. But 1t was either of two things, he would either bluff Cooper or force an assault Carmack was a man feet 11% inches In height and perfectly proportioned. Danger Is Seen.
  "Colonel Cooperlsaw in Craig's eyes that there was danger, that Carmaek was in an ugly mood So he armed himself and if he had not done so, he would nave been in his grave today" General Washington saw the error here, the defense's contention being that Col onel Cooper never drew his gun until the shooting was over, so he said: If Robin Cooper had not armed himself they would both be dead today
 "Now they say that Miss Lee was shocked at what the colonel said. Well, I do not want to say anything mean about Miss Lee, but when she said she couldn't oh, just couldn't repeat the words and the court let her write them, I thought we were going to hear some thing awful, but all she wrote was -
 General Washington repeated the pro fanity as though the women of Nash vile were wont to hear it daily. The epthets used included the most vile words that one man can apply to an other.
 That's all, gentlemen, that she said she heard
 The speaker argued that all the fear expressed by Mrs. Burch because her father was armed was because he vas so pacific and she had never heard Of such a thing in her life. He claimed that Robins alarm was due to his knowl- edge of his fathers crippled hand and his consequent inability to protect him. self. He claimed Mrs. Burch was so hysterical that she exafifierated the trou- ble and placed a construction upon it not warranted by Colonel Cooper's language or intentions.
 Threat to Kill. "Dr. Witherspoon hears from Mrs. | Burch at a. m. the day of the kill ing that papa is armed and threatens | to kill Carmack on sight He tries to | see Carmack or Lander, general man | ager of the Tennessean. Finally at Il 1 o'clock, when the fire is out and the | plate is cold, Lander hears the threat | and tells Carmack Now, if Lander were | a woman, I would call him Mrs. Mel l sprop. for he seems to have a faculty for | doing the wrong thing al the wrong time. Lander goes over and pours this warmed | over tale into Carmack's ear and he con- | verts Carmack into a stick of dyna- | mite"
 General Washington next devoted near | ly half an hour to a burlesque imira- | ton of General Gamers cross-eXamina- | ton of witnesses which seemed to amuse | some of the jurors more than others. He