The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1909-03-17
A GREAT SPEECH
Capt. Fitzhugh Opens for State
in Cooper Trial.
He SCORES COOPER

Speech was q bltter AFralSNhleil
of the Defendants, Coupled With a
Mastery Presentation of Argument
Nashville, March S.-The greatest
crush of people since the trial began
were in attendance this morning to
hear the opening argument in the
case of Col. Duncan B. Cooper, his
son Robin Cooper and John d. Sharp,
whose trial on the charge of murder
ing former Senator Edwin w. Car
mack, has entered upon its eighth
and probably final week. Back OF
the table reserved for the prosecu-
tons attorneys, who begin the ar
gument Of their case today, the crush
was unusually heavy.
Large numbers OF ladies were In
the crowd, which began to gather
as early as $50 o'clock. BY 9
o'clock every bit of available space
in the court DON had been taken
and many scores OF people had been
turned away.
1t was 500 o'clock when Capt. G.
T. Fitzhugh, the eloquent Memphis
attorney and long friend Of Senator
Carmack, opened the States argu-
ment to the jury. The court room
at this time was crowded to suf-
location, every seat being taken and
all the open places were flleG with
standing spectators.
Captain Fitzhugh began by paying
the customary tribute to the jury,
thanking them for their untiring pa
thence and their uniform courtesy
and effectiveness.
He then lauded the citizenship of
the dead man. He dwelt at length
upon the distinguished service to
his country of this son of Tennes-
see. Captain Fitzaugh then defined
malice" to the jury and said ii
could arise suddenly, in law and fact,
or could be the result of broodinS
as it has been in this case,' he
added. He told how the defendant,
Colonel Cooper, had been heard ours
ing and threatening Carmack and
said that this showed the colonel
bore malice deep in his heart against
Carmack.
Captain Fitzhugh declared that
Colonel Cooper did not kill Senator
Carmack because of wounded repu-
tation, but "he killed him because
of his fear of the truth and his love
Of vengeance"
The speaker asked how it was
that this mans name could not be
mentioned, this man who had shap-
ed the destinies Of a State, this man
who had made politicians, this man
who had pulled the wires. John D.
Rockefeller, j. P. Morgan and e. H.
Hartman are not ofiice-holders, yet
they are not going around killing
men who dare to mention theil
names in the paper.
This mar who has injured all
he has ever touched, this lobbyist.
this defaulter, this professional poll
tician," exclaimed Captain Fitzhugh
with intense emphasis, puts himself
on a pedestal so high that his name
may not be mentioned even in a
jocular manner"
Capt. Fftzhugh took up the editor
rial in order. The first was October
"a. In this one Colonel Cooper had
complained because his name had
been linked with those of certain
saloon men and gamblers"
THE only difference declared
Captain Fitzhugh, LAY in the fact
that Colonel Cooper, a gambler all
his life, had played for larger stakes
and had never paid his debts with
his killing winnings.
THE editorial of No. g." said
Captain Fitzhugh, did not even men-
ton his name, yet he took offense
at 1T because the machine was at
tackled. His attitude, L am the ma
chine; | am the State and when you
strike the machine you strike me-
Where was the offcnse in that I'M
Tess Colonel Cooper was looking for
1t with jaundiced and malicious
eye?"
Captain Fifth; gh then took up
the editorial of Sunday morning,
November 8, across the Muddy |
Chasm," and diSsected that for the
jury. "You gentlemen remember"
said Captain Fifth" sh, that I asked
Colonel Cooper to take the editorial
sentence by sentence and point out
the parts that were offensive and
that he refused to do so, saying it |
was offensive as a whole. Yet that
morning he wrote the threat, the
note. And there is some mystery
about the notes. Where are the orig
inals? only copies here and a CODY
Of a copy; then he saw Ed. Craig
that night and after he sent the
message, you u I must die he
Matched up a preteEt to arm himself
against Carmack. He tells you,
gentlemen of the jury, that Ed. Craig
reported to him that Carmack was
in an ugly, vicious mood.
ED. Craig says he brought no
such information about Carmack and
could not have been true"
IT'D CAIN TN (yIITNcrTD