The Birmingham age-herald., 1909-03-07
Argument VIII Begin Monday And Continue At Least
 Three Days
THREE LAWYERS ON EACH
 SIDE WILL ARGUE CASE
No Limit Is Set Upon the Speeches of the Attorneys and Bitter Express sions Are Expected From
 Opposing Counsel.

Nashville, March -(speeia1.)-Both sides offered their last morsels of testi- mony to the jury in the Cooper murder trial this morning and Monday the clos ing arguments will begin.
 It Is expected that the case will go to the jury not later than Thursday of next week.
 Although the lawyers for the state and the defense total somewhere in the neigh borhood of score but an even half dozen will take part in the arguments
 Capt. G. T. Fitzhugh will open for the state and he will probably be followed by Mr Washington for the defense. It is then that the pyrotechnlcs of the clos ing scenes in Tennessee's famous mur- der hearing will commence.
 The state, during the presentation of evidence sought to prove that MT. Wash ngton had been guilty of surreptitiously putting a pistol scabbard In Senator Car mael's overcoat after the murder This contention was completely demolished later when the defense produced Major Vertrees, who loaned Carmack his pistol and who swore that the scabbard was on the weapon when he gave it to the senator.
 Washingtons Plans. l Although Mir Washington will not in- dicate what line he will follow in his ad- dress to the jury it is taken for granted that he will attack the prosecution for it's assailing of his personal integrity l Attorney General Job Garner of Law renceburg will follow MT Washington i for the state and then Attorney W. II. Meeks will be heard. Former Judge ]. M Anderson is to close for the defense and Attorney General McCarn will make the closing speech for the state
 Judge Hart sought to get the lawyers to promise to finish on each side within a limit of eight hours. but this was not agreed to. The jury, though, is extreme ly anxious to be discharged that they may take up their planting eleven of 1 them being farmers, and 1t is conceded l that the lawyers will hardly prolong the l arguments.
 The testimony offered this morning was in the way of attempt to get into the records copy of the note Colonel Cooper prepared for Carmacl1 but was dissuaded from sending to him. A carbon copy of the original was produced but the
  been since it was written November and Judge Hart ruled that 1t could not go before the jury. | s. J. Benning, the defenses witness. who was arrested late last night on a charge of perjury preferred by Attorney General McCarn, was about the court room during the morning. He had been released on 5000 bond immediately after his arrest and spent the morning in consultation with the lawyers for the i Coopers.
 No hint of his arrest was permitted to get to the ears of the jury.
 Gamers Request.
 Before the first witness was called by the state today Attorney General Garner rose and said: After a careful examination of the record we find that no testimony was l introduced as to the relative location of the telegraph posts al the scene of the killing. The court agreed that if such testimony mad not been introduced we were to be permitted to prove it in re- butal."
 T believe that would be proper, gen eral." replied the court.
 Well" put in Judge Anderson, i've were able to find it. Mrs Eastman | Judge Anderson then read the testi- mony of these witnesses.
 General Garner replied that these bits of testimony were scattered through the evidence and so disjointed that no jury could tell how these poles stood. The significance of the defense's obiec- ton to the testimony lies In the fact that if the state gets it's theory of the location of the poles before the jury it will be able to demonstrate that Sena- tor Carmack could not have shot Robin Cooper by firing between the poles as the defendants say he did. The court was inclined to think that the state had gone into the question enough. Then Captain Fitzhugh offered some photographs of the poles taken the day after the killing. These too, were excluded
 Farrell Is Called. Then the state called c. H. Farrell. Farrell is employed in the Tennessean office and on the afternoon of the tragedy saw Carmack go into the drug store across the street. He went to the drug store moment later
 was Senator Carmack in the busi ness office before he left the building that afternoon?" asked General Gar ner.
 "He was not
 He was not in the business office then--how long were you there?
 From 1 D. m. that day on. Benning swore he saw Carmack in the business office of the Tennessean that afternoon. General Washington made frantic efforts to confuse the witness but failed.
 Spoke to Carmack. Mrs G. H. Williams saw Senator Car mack at Church street near Seventh ave- nue few moments before he was killed. She spoke to him and he helped her on the car talking to her until the car arr rived.
 What did he talk about to you?'' The defense objected and was sustained. What was his manner?' "Very calm and pleasant" "As he helped you on the car. did he say where he was going2" He said he was going home"
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