The Montgomery advertiser., 1909-03-09


 Sharp swears you did. and right here. we come to the crucial test--where you. gentlemen. must apply the law to the facts-who brought on the trouble If the Coopers had gone on as they started then carmack would be still alive.
 But they did not. Senator Car mack was coming up the street. ,total- ly oblivious of the danger. When in the act of paying chivalrous homage ,v | lady. he sees the father. who had threatened to kill him on sight. an. preaching him from behind g. woman and the son circling around to get be- hind him. Now. gentlemen. would no. you have felt that your life was In danger? Would you not have invol- untarily reached for the means to pro tect yourselff
 Here is Senator Carmack. approach ing a lady. He removes his cigar from his lips with one hand and raises his hat with that courtly grace which wns characterize of the man. He hears a l voice and 1t says: There you are. sir. We have the drop on your What is his impression7 A man who threatened him in front the mans son circling be hind him. Of course he made move- ment to draw @ weapon. Who wouio not? Who had told him Colonel Coop. CT had changed his mental attitude7 "You heard Mrs. Eastmans' story You heard her tell how she turned and ! saw one man in front of Senator Car mack as he fell. another behind him and you know from testimony that two bullets hit the Senator in the side and one went through the back of his neck"
 At this stage of the argument, court adjourned until 2 D. m.
 After luncheon. Captain Fitzhugh Ll tAr A1 oh He described the meeting. the walk to Union Street and Seventh Avenue, how sharp, fearing trouble and not wish fng to get mixed up" in it,, turned to walk away. Then, remembering Rob- in's significant remarks: There's Car mack; do not let papa see him." he turned around.
 "In one single glance" said Fitz- hugh, John Sharp saw the entire transaction. He was looking at Colonel Cooper from behind but swears that Cooper had no pistol. It was dark and foggy, but he saw . blue steel reyol- yer in Senatof Carmack's hand. In the time Colonel Cooper had traversed 135 feet. John Sharp had traversed only sixty-two feet. according to his own statement. yet he tells you that he WAS in a hurry to get awayi But listen to Miss Six ellington. She says. and her character Is unimpeached--and unim- peachable=she says when she asked John Sharp what that shooting was be- fore he turned around he said; That is Colonel Cooper shooting Carmack! Why should he say that? Because he had knowledge in advance that Colonel Cooper was to do at least part of the shooting.
 As Guilty As Principal.
 If, as he says. he looked around and saw no revolver in Colonel cooper's hand, why should he say that It was Colonel Cooper shooting I'll tell you. gentlemen. 1t was because ne was @ brought along to be 8 witness to the killing. to testify for the defense and he is as guilty as principalr
 A long list of legal decisions on the guilt of accessories was quoted, to- gether with the conditions under whicn d person becomes accessory F4tznush described Sharp's walking back 10 the scene of the crime. his leaving it anu again returning and attributed his ac- lion to the strange fascination which draws A criminal back to the spot up- on which the crime was committed, Tn spite of himself. He attacked the defense's theory. He declared that they first tried to urge justification on the ground that the editorials were provocative of trouble then abandoned 1t and pleaded self-defense.
  on necessity not brought about by the fault of the party who takes human life. If the party who killed brings about the difficulty seeks out the vic tim then they have no right to plead self defense, under our law and decis- ions:~-. Now Is there any dispute that the Coopers deliberately sought out CarmacK? There is not"
 Captain Fitzhugh again quoted many cases supporting his contention. He referred to the self-defense plea as the nip pocket plea" and made dramatic argument to the jury that the defendants under the Tennessee law are guilty regardless of who fir ed the first shot. He attacked the story Robin Cooper told of the actual cal impossibility for the dead Senator to have been standing as Robin says he was and then receive two bullets through the heart and one directly in the centre of the back of the neck
 The witness S. R. Benning. since arr rested for perjury. was denounced as A perjurer and Robins story of find- ing in his bed the bullet which wounded him was secuted. Other witnesses whose testimony was impeached, were bitterly assailed Captain Fitzhugh closed at 3:50 p. m, having spoken Ave hours and ten min utes.
 General Meeks, who was to speak next, said he felt physically unable to proceed this afternoon. He thought ing until morning
 Judge Hart consented and postponed further proceedings until a. m. to- morrow