The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-04-23

That the court, by its instructions,
practically commanded the jury to
convict Col D. B. Cooper and Robin
Cooper Of the murder of former Sena-
tor Carmack was the contention of
Judge Anderson in his argument for a
new trial Wednesday afternoon. The
| Judge read the instructions of Judge
Hart as to the right of the Coopers
to seek Carmack.
1.-The court in this instruction" said
Anderson, declares in effect that the
Coopers had right to cross the street
and seek Carmack, but that they eros
ed that street at their peril, and that
If they went across prepared TO use
force against Carmack if he resisted
their demands, they were debarred
from the right of self-defense.
That is what you charged, your
honor, and we believe it is error Your
honor admitted that the Coopers had
right to cross that street and to de-
mand of Senator Carmack that he
cease using Col. Coopers name. Then,
if they had that right and If Carmack
resented the exercise of that right to
the extent that he endangered the
Cooper's lives, no one can hold that
they had forfeited their right to de-
fend their own lives, even to the ex-
tent of taking his"
"The court" remarked Judge Hart,
"holds that it is the law, that when
one goes over and provokes Difficult
ty, he cannot plead self-defense."
I'VE hold" retorted Judge Ander-
son, that Col. Cooper had right to
go across the street, make his demand
upon Carmack and with his mind
made UP to kill the Senator. If the
latter endangered Cooper's life."
Judge Anderson concluded his ar
gument at p. m. and court adjourned.
AS the bailin adjourned, Capt. Ffts-
hugh, for the State said:
Judge Anderson's argument is alb
solutely dangerous If that were the
law, any two of us, for instance, could
go out and look up an enemy. One or
us could sggrieve and devil him until
he committed an overt act, and then
the other could kill him and we would
plead self-defense. The idea itself is
revolving"
The arguments of the defense as
they progressed developed that the
theory of counsel for the Coopers is
that Robin Cooper fired in self-defense
after he had received one of Car
mack's bullets; that whatever Col.
Cooper's intentions were in seeking
Senator Carmack, Robins were pa
cific; that Robin, therefore is not gull
ty of murder ard therefore his IA
Their, who did not fire a shot cannot
be guilty.
The arguments for new trial began
Wednesday morning. The two de-
PENDANTS were in court early. Both
were in excellent spirits and held an
reception before the Sher-
iff opened court. Mrs. Lucius Burch.
as during the entire trial, was at her
brothers side listening attentiyely to
every word spoken. :
The defendants are represented by
Judge Anderson, Gen. Washington, A.
G. Ewing, Jr.. and Gen. Meeks, while (
Gen. McCarn, Capt. Fftzhugh and Gen.
Garner appeared for the state.
Ger. Washington opened for the de-
tense. He promised to be brief.
"One of the points want to take up I
first, said Washington, lis the argu- {
ment made in the case by the State,
that Col. Cooper fired the shot which {
Killed Carmack The whole argument {
Of the State, anyhow, was that they
the Coopers-that they {
went over and provoked the difficulty [
and that they killed the Senator. Ev. I
erything was they, they, they. And ,
he jury went out with the two de-
inseparately connected In
heir minds. If ever there was case !
where the state of mind Of two de- I
should have been consid- I
cred separately. this was the case, and