The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-02-27
MURDER TRIAL
At NASHVILLE
Bitter Argument Between
Counsel and Defense
Scores a Point.
REV0LVERS IN EVIDENCE
COURT USES ONE AS A GAVEL
BY MISTAKE.
REv0LVERS IN EVIDENCE

> Nashville, Tenn, Feb. 26.-The ninth
day of actual testimony in the trial Of
the Coopers and Sharpe. charged with
numbering former United States Sen
ator E. w. Carmack, was marked by
bitter argument between opposing
counsel, and closed with decided ad-
vantage for the defense. At the same
time an interesting law point was de-
cided by Judge Hart.
The defense offered proof that Colonel
Cooper was told by Edward Craig
whom the colonel had sent to see Sem
ator Carmack, that Carmack was in an
ugly mood" The case Of the defense
was based really upon this one express
sion, for Colonel Cooper and Robin
both testified that they armed them
selves because they were led TO believe
from the remark Carmack might attack
the colonel. The state then offered to
prove by two of the defeDse's own wit
nesses. Major Vertrees and Assistant
Insurance Commissioner T. Leigh
Thompson, that Carmack was not only
not in an ugly humOT. but laughed at
the idea of trouble
GNSiGdNNH
The defense fought the admission of
this testimony with more vim than has
characterized any argument since the
trial began. Counsel declared the state
could cross examine only on such mat
tiers as should be gone over in direct ex-
animation.
On the question of Major Vertrees'
testimony, Judge Hart excluded the
jury and permitted the state to exam
inc Major Nertrees for the courts BEN
eft. He admitted all that the state said
he would that Carmack laughed at the
idea of trouble, said he had done moth
ing to provoke it, and that he wanted a
revolver simply to satisfy his friends.
The court held with the defense that
the testimony must be excluded.
When T. Leigh Thompson was on the
stand almost the same question arose.
Judge Hart then said he would render
final decision on the point tomorrow,
but intimated that unless the state had
discovered some new authorities to
support its contention, he would rule
out the testimony.
Pistol Used as GsveI,
It was during this last argument that
one of the most amusing incidents of
the trial occurred.
Judge Hart was listlessly and, with a
bored air, toying with the revolver said
80 have been taken from Colonel Coop
er the night of the killing. All at once
Attorneys Garner and Washington be
M to indulge in personalities. The
court sat up quickly and, thinking he
held the judicial gavel in his hand, pro-
ceeded to pound the table vigorously
with the butt OF the weapon.
Everybody in the room laughed, the
judge blushed, dropped the revolver and
remarked:
Now proceed with the lawsuit
Revolvers played a prominent part in
the days hearing, and the testimony
was much to the advantage OF the de-
Tense. The prosecution had gone upon
The theory that the revolver with the
AEO empty shells, found near Senator
Sarmack's body. was in reality Colonel
Cooper's, and that the revolver intro
duced as Colonel COoper's, which had
not been discharged, was the one the
dead senator carried.
Major VeTtreeS, however. who loaned
Senator Carmack the revolver, identi-
fed the one found near his body, with
two discharged shells. as the one he had
loaned the senator. Police Commission
ct Hutchinson identified the revolver
which had not been fired as the one he
loaned Colonel Cooper.