Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-12
THE MURDER OF CARMACK.
Progress Of the Trial Of the COOpefS
and Sharpe.
LAWYERS MAKE FALsEHOOD CHARGES.


Killing; On the Other to Show II a
Deliberate Murder-Effort to Make
Capital Of Soldier Record of Defend
ant-Audienee Manifests Themend-
our Interest In Arguments.
Nashville, Tenn, March 9.-The
unwritten law was extended today to
cover editors who attack private or
public men, by General Meeks, Of
counsel for the defense in the Cooper
Sharpe trial for the murder of United
States Senator Edward w. Carmack.
The sensation was sprung during Gem
eral Meeks' speech to the jury. Pre-
viously he had expressly disclaimed
the belief that any editorial attack
justified killing the writer. But when
warmed up to his subject, with a
burst Of eloquence, said:
"You talk of the liberty Of the press.
Why, gentlemen, no man lives who
believes more firmly in the liberty Of
the press than I do. But when q
man in an editorial position turns the
liberty of the press into license and
undertakes to defame and defile you
and your family, what are you going
to do? The prosecution will tell you
you have your recourse in the courts.
Yes and you set judgment for $685.
900 against man not worth the price
of plug of tobacco. Is that salts
faction?
"Oh, gentlemen, I tell you that the
streets Of this, our city, have run red
before with the blood Of men who
improperly used other mems names In
public prints"
General Meeks devoted five hours
to the speech. he pictured the de-
PENDANTS as the finest types Of south
ern aristocracy and breeding, declared
no crime had been committed when
Senator. Carmack was shot to death
and clio Jed with O dramatic appeal to
the jury To turn loose this gallant
old soldier Colonel Cooper.
So great was the throng which tried
to crowd into the court room this
morning, that the architect Of the
building appealed to the judge and
declared that there was danger Of a
serious accident. Judge Hart hurried
ly sent deputies into the corridors and
soon cleared them entirely.
General Meeks began by saying that
Col. Cooper was shamefully treat
ed by Captain Fitzhugh yesterday.
He accused him." said Meeks, ''of not
paying his debts. They tried to make
you believe that he embezzled funds
as clerk and master Of chancery. What
has that to do with the killing Of Car
mack?
THE state has charged" said Gen.
eral Meeks, that the defendants knew
the route that Senator Carmack daily
followed and the time that he left for
his apartments. Now how could the
defendants know this time or route ?
Senator Carmack's own stenographer
said she did not know where Senator
Carmack lived"
AS to the Carmack editorials Gen.
eral Meeks said:
when a man sits as Carmack did,
behind the editorial counter Of pa
per and writes, day after day, edi-
torials that attack and assault man
who Is not himself in an editorial po-
sition, he becomes insulting and there
Is no greater insult possible"
The attorney next went into the in
cident Of the pistol scabbard found In
Senator Carmack's overcoat pocket
and denounced the states attorney for
insinuating that the counsel for the
defense planted" the scabbard there.
He said the state knew that Major
Vertrees loaned Senator Carmack the
revolver with the scabbard on 1t.
1--WE have proven" he went on,
that the meeting Of the parties was
purely and undoubtedly an accidental
encounter. We hold that the guilt
or innocence of the defendants must
rest upon the state Of mind they were
in at the time the meeting took
place."
Counsel described the note which
Cooper indicted to Carmack but did
not send, and said:
THAT note was to be the declara-
ton of war and until that note was
sent by Cooper and received by Sena-
tor Carmack, Cooper understood and
Carmack understood that there was to
be no trouble, and that note was never
sent.
You are not trying common thieves
or murderers now, gentlemen. You
are trying men who come from as fine
stock as ever human flesh was made
Of, the best people Of the south.
why did they put Miss Daisy Lee,
Jim Bradford's stenographer, on the
stand?" Meeks continued. II do not
say Miss Lee lied. I would not say
that about any woman. But 1 do say
that she was mistaken.
Miss Lee alone says that Colonel
Cooper was not called back. Now,
even If it were material, we have four
witnesses against her, who swear that
he was ecalled-General Brown, Gov
ernor Patterson, James Bradford and
Robin Cooper. Yesterday Captain
Fitzhugh arraigned this old white
haired soldier for using vile language
in Miss Lees presence. Miss Lee her
self said that Colonel Cooper was In
another office when he used that Ian
guage."
General Meeks took John Sharpe's
case. He asked the jury If they were
going to hang man because he said
Carmack should have been dead
and in hell twenty years ago." He de-
clared there was no evidence against
Sharpe to connect him with the kill
ing.
1.-THE state declares" said the gene
raj, that these defendants must have
known that Senator Carmack would
nass ar the point at which they met