Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-09
THE MURDER OF CARMACK.
Progress Of the Trial Ot.the COOpers
; and Sharpe.
CASE OF DEFENSE BADLY SHATTERED.
Evidence Closed Last Saturday, and
Arguments Of the Lawyers Are Now
In Prosress-Looks Like Verdict
Will be Reached This Week.

In Prosress-Looks Like Verdict
Will be Reached This Week.
! Nashville, Tenn, March 5.-This
was the states day in the trial Of Col.
D: B. and Robin Cooper and John D.
Sharpe for the murder Of former
United States Senator Edward w.
Carmack. Not only did 1t tear to
pieces what was left Of the testimony
of s. ]. Binning, the defense's myste-
rious red-bearded man who claimed
to have seen the shooting, but 1t chal-
lenged the right Of the Coopers to be
on Seventh avenue at all the day Of
the killing. 1t did this by impeaching
the testimony of the governor and
others who claimed the Coopers were
invited to the Mansion and that while
on their way there they met Carmack
and street duel followed.
| The bombardment Of the case Of the
defense began early today when two
witnesses swore that Binning on the
4 night Of the tragedy said to them: IF
4 had been five or ten minutes earlier
would have seen the killing"
Later in the day the state intro
l duced witnesses attacking the reason
the defense gave for being on the
street which Senator Carmack must
TRAVERSE to get to his apartments.
h Adjutant General Brown, General
bradford, Colonel Cooper and Robin
Hooper had testified that after Colonel
Eooper left Bradford's Office just be-
fore the shooting, General Brown re-
icalled him to talk to the governor
pver the telephone and that 1t was In
obedience to the governors command
that the men were on Seventh ave-
niue, upon which Is the Executive
Mansion, when they met Carmack.
Two witnesses swore that after Col
onel Cooper left Bradford's office he
Neither returned voluntarily nor was
recalled to the telephone by any one.
And one, Miss Daisy Lee, declared
that instead Of the governor calling
the colonel, the colonel at Judge
Bradford's suggestion, called up the
governor at the Capitol. The latter
testimony. however, was not permit
tea to reach the jury.
| I'm rebuttal, too, the state attacked
Judge Bradford. Miss Lee swore that
hi, told her he could have shot Car
mack himself with as little remorse as
h8l would have shot rattlesnake. She
also swore that Paul Davis, another
Of the defense's witnesses, declared to
her he would perjure himself to get
on the jury.
| When the sun had set and the bat
It'd was over the state announced it
Quld have but two! or three more
M3tHesses to complets itsscase in re-
bdttal and that they would be put on
Dmorrow.
VI The defense has not announced its
4 purpose yet, but 1t is safe to say that
he arguments will begin next week.
NO time-limit will be put on either
side. There are score Of lawyers in
the case and the speeches doubtless
| Will last for several days.
II Soon after court adjourned the
states attorneys went into conference
At p. m, they emerged and Attor-
ney General McCarn held warrant
for the arrest Of S. ]. Binning on q
charge Of perjury. The specific alle-
fgation is that when he testified that
he saw Senator Carmack twirling the
cylinder Of his revolver, he swore to a
bile. The warrant was served at once.
Georgia Woolen, one of the days
first witnesses, was called by the state
to testify as to the location Of the two
telephone poles at the scene Of the
\ tragedy The object was to pave the
\ way for the introduction Of the pho
\ tograph taken yesterday by the state
4 Of the pole still standing; together
! with the dummy pole. Attorney Gar
ner said:
1.-The defense, your honor, has tried
to prove that Senator Carmack was
south of the poles and fired between
them. We want to rebut this testi-
mony by proving that he could not
have done So"
| Judge Hart would not admit Wool
ems testimony unless the record shall
show in detail that the position Of the
poles has not been proven. The at
torneys were told to examine the rec
ord at their leisure, and the calling
of witnesses proceeded.
| Several witnesses swore that No
vember 9th was one Of the cloudiest
days in the history of Nashville and
that a pail Of smoke from forest fires
was hanging over the city.
| Miss Ella Lamb gave testimony con-
tradicting that of the defense's wit
ness, Binning, who said that about
the time of the shooting he struck
match on the gate in front Of Miss
Lambs residence. She also gave 9TH
er evidence contradicting Binning's
testimony as to his exact whereabouts
at the time of the shooting. other
witnesses were called by the state to
present similar contradictory testimo-
ny concerning Binning, the man who
claimed he saw Carmack twlrl the
chamber of his revolver just before
the shooting.
Former State Treasurer Ed Craig,
who carried Cooper's bellicose note to
Carmack, testified that he did not tell
Cooper that his (Cooper's) name
would not appear again in the Ten
nessean. He also said that Cooper
did not express a desire for person
al interview with Carmack. Craig did
not tell Colonel Cooper that Carmack
was "in an ugly mood"
| The court ruled against an attempt
by the state to show Carmack's men
tai attitude. Jordan Stokes, however,
was allowed to testify that he saw
Senator Carmack a few moments be-
fore he was killed and did not notice
any excitement in his manner. Car
mack was pleasant and affable.
| Mrs. Ida Clark, society editor Of the
| Tennessean, saw Senator Carmack
just as he was leaving the office for
L