The Montgomery advertiser., 1909-03-04

 TCSONSPIRACY The State Still After the
 Coopers. RECALL MYSTERIOUS INQUIRIES
ECALL MYSTERIOUS INQUIRIES
Witness Who Saw Revolving
 Cylinder to Be Recalled.
1t Developed Yesterday That Governsr Patterson Would Not Be Recall ed, Because of Patterson
 Men in the Jufy Box.

Nashville, Tenn, March s.-After strenuous recess day on the part or counsel on both sides in tho Cooper Sharp trial for the killing of former United States Senator E. w. Car mack. only two facts developed. One was that s. J. Bennings, the mys- terious witness for the defense. who claimed he saw Senator Carmack re volving the cylinder of gun which will not revolve. will be recalled for further cross examination by the State. The other was tho feverish activity or the special agents or secret police or the prosecution. It developed that his activity was due to Attorney General McCarn's belief that he had discover ed a clue to the identity of one of three mysterious men. who would make valuable witnesses for the pros- ecutfon.
 On the day of Carmack's death early in the day-three men visited the ofice of The Nashville Tennessean. of which Senator Carmack was ed- itor. Each of these men asked at the business office in the clerk could give him MT. Carmack's address and If he knew about what time the Senator went home each afternoon. Two Of the men called in the morning or be- fore noon. The clerks in the counting room did not know where MT. Carmack lived But after the second inquiry. they secured the information and when the third man appeared after 1 p. m, they gave him the address.
 "Our clue is very vague" said At torney General McCarn tonight, land I doubt If we will be able to use the information. We know that the in- quiries were made, and can provo this by The Tennesseean employees. But unless we can Identify the men who made them and then further connect them. directly with conspiracy to mur- der Senator Carmack, under our laws. we could not offer the testimony--even of The Tennesseean employees. We are sparing no pains to identify the men. however. despite the apparent hope lessness Of the task. Of course. even if we identify the men they will deny the charge and we might not be able to connect them with the defendanta
 Counsel for defense were not less active. e> old and new witnesses yssilai the newspaper offices all day and s number of new subroenaes were is- sued on their behalf.
 It became generally known today that counsel for the prosecution would not cross examine either Governor M R. Patterson or Adjutant General Pulley Brown. At the same time it became just as well known that the attorneys fora the State disagreed as to the wisdom of this proceeding. At least two of the attorneys for the prosecution are strong political enc mics of the chief executive These favored grilling the Governor. The other. however. objected for two req sons. First. they said that the Gov ernor's testimony simply corroborated that of other witnesses as to the va rious conferences on the day of the tragedy. These conferences the State admits took place. Secondly, of the twelve jurors. nine are Patterson sun- porters and 1t was not deemed adyis- able to attack the Governor on this account