The Birmingham age-herald., 1909-03-14

straight into the spinal cord of Senator CarmaclS, his collar and his coat prove it. There are the mute witnesses that bear the testimony which you could not dis believe if you tried. No, gentlemen Robin Cooper never came west of these posts. He came in from the rear while his father attracted CarmaclSs s attention. If he had come in as he says he did Mrs. Eastman would have seen him, for he would have passed directly in her line of vision. but she did not see him. As soon as she heard the voice she turned in It's direction and saw Colonel Cooper. She saw Sen- ator Carmack Robin says he jumped be- tween them. Yet Mrs. Eastman did not see him. She saw Carmack stagger and fall, then and not till then, did she see Robin, and she saw him step up from the street to the pavement So, gentle men, he could not have been between the two men and have escapd Mrs. Eastmans view.
 McCarn's Belief.
 ''No, I say I do not know how it was done but I believe this 27-year-old boy, graduate of law nine years in the office of the biggest lawyer in the state, with beautiful sisters and a tender foster mother, with a thousand years of blue blood and breeding with an ancestor standing in front of him. deliberately shot man in the back of the neck and shot him again as he fell. That is what breed ing does for a man.
 Now, MT. Garner, once more. They say the shot in the back was fired as Car mack fell some way. Let's see. Bend over MT. Garner as far as you can as though falling. There, l shot, now see the direction of the bullet. It would be through the head and out the top of his head, wouldn't it? It would not have been straight through the neck and out under the tongue. But even say he was shot in the neck as he fell. If he had turned around so Robin could shoot him from the position the defendant says he occupied at the moment, the victim would have fallen. With his face to the east, yet when found his face was to the west. There, gentlemen, are some of the physi- cal facts which prove that the defendants | do not tell the truth"
 General McCarn then took up the au- topsy and the testimony of Dr. Glasgow. He declared that the state had a right to hold that testimony until in rebuttal. The state was ready to show that the bullet wounds were not inflicted as the defendants said they were.
 Friends and Neighbors.
 Why, you men are my friends and neighbors. You know that would not suppress any information throwing light
 
 attorney general who would suppress facts, Is a murderer. And Washington accused me of expressing information about Senator Carmack's pistol. Why, gentlemen, it is not In the record, but they will not deny that 1 went to each of them and told them that there would be no dispute over Carmack's pistol, that I knew the truth. But they say we did not put it in our case in chief. No, we did not because his honor ruled that we could not show Senator Carmack's S men, tai condition in our case in chief
 And we know of that scabbard, too, for we went up twice and searched for it, and we did not find it until it was drawn out on the stand. Now, somebody else knew about it, too, the Coopers and John Sharp knew of it. Why shouldn't they? They are not ordinary prisoners. They do not have to stay in cells. They talk to their friends at any time without an officers presence, contrary to the laws of Tennessee. Even Benning could talk to them. But the scabbard, we think it was left in Carmack's hip pocket in his trousers. That's our belief. But Ben ming put the revolver in Carmack's S over- coat pocket gentlemen, he said he saw it there, so the scabbard had to be there too, and 1t was"
 Washington Interrupts.
 General Washington jumped up and angrily asked:
 Did you tell Undertaken Doris you were looking for the scabbard?'
 ''No, sir, I did not I was not telling my case to MT. Doris. Did you tell him you were looking for scabbard when you went there?'
 There was shriek of laughter, an out burst of hand clapping and something that sounded like a cheer Judge Hart's face grew white with anger and his gavel rang loud upon the desk.
 If such an outrage occurs again I will clear this court room.'
 General McCarn then took up the action of the defendants after the tragedy and described how Colonel Cooper had called his daughter, Mrs. Burch, and said:
 ''It's all over. Robin has killed Car mack"
 attorney general. "Why did he resume an old discussion? Why if they all feared Carmack would kill him, did nc say 1t is all over?' Because, gentlemen, they knew what they went out to do and they announced the consummation of the deed with an expression, It IS all over '
 Case of BennIng.
 Next there is Benning. knew this man was lying and so did you. He came here accredited by the defense. I don't know why they accepted him. But If ever get hard up I'm going to sell gold tricks-to counsel for the defense. Ben ming saw Senator Carmack twirling a revolver cylinder which would not twlrl. He remembered that he struck match on hinge of gate, but he could not remember how he went home that night.
 ''Why, Benning contradicts himself in a hundred ways and not a soul, not even the defendants. admit that they saw Benning any place near the tragedy.
 hod fo finish my argument this afternoon, but it is 5 o'clock now and I am exhausted. Your honor will not charge the jury tonight, anyhow. and would like lit- tie time on Monday"
 "The request is granted" said the court. "Take out the jury and adjourn court until a. m. Monday
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