The Montgomery advertiser., 1909-02-27

tainsd. Then -ther states attorney said:
 T want to argue on that. wiii'yos send out the juryr'
 "raks out the jury" said the court.
 Nov" said the court. "1st the ma. for tell au about tho meeting and let mo juds4"
 "whsn MakshAl told me carmack wanted, me, I inquired where he was He said at his oface. I went in to the ofice. The Senator was alone. told him I understood he wished to see me and he said yes. Then he said in substance:,
 ".T have received q threatening msssase from Colonel Cooper. who said that if I used his nafne again. one or the other of us must 70. l got the message from Craig.
 "'Aftsr that message there Is noth- ing for me to do but to put bis name In again. and 1t goes In tomorrow.
 CT do not think there will be any trouble the Senator went on. for l have never given him any cause to make trouble, but my friends insist that arm myself T. do not see any use in 1t. but am willing to oblige my friends. This is Sunday night. 1 have no revolver and cannot buy one. Will you lend me oner
 1T replied that would and gave him that pistol. He said he did not know how to use 1t. I told him 1t vas self-acting revolver and Taii he had to do was to pull the trigger. l removed the leads and demonstrated the use of the weapon"
 "what was senator carmsct's de- meanorT'
 'sQuiet and calm."e
 "Did he denounce or attack Colonel Cooper7"
 "No., sir.".
 "where dld he put the revolverf"
 .'In his hip pocket" 'i
 "was the scabbard on It."
 Tt was"
 "What did lie say he said to craig?'
 That was not the first threaten ing message he had received from Cooper"
 eve object to all except that the Senator put the revolver with the scabbard on 1t in" his pocket. To all the rest we object because 1t was not communicated to the defendants" re- torted Judge Anderson.
 Another lengthy and long argument followed. which the court heard pa tiently.
 States Contention.
 The States contention was that the defense had tried to prove by Craig that Senator Carmack was In "an ugly mood" that he sent for . re- yolver and that he began the attack. In rebuttal, 1t offered the proof that the Senator was not in an ugly mood. that he had firm belief that there would be no trouble. that we wanted A revolver only to satisfy his friends
 IuSt know how 10 use it. Judge Hart said the question was most important as 1t affected that States rebuttal case. He de- clared he wanted all the light he could pet and would hear further argument after luncheon. Court then adjourn ed until 2 p. m. c....
 After the luncheon recess, the Sta.s raised a new question-cap a whe t.s for the defense give evidence for the State? Both sides then submitted au. thortties and decisions which the court examined.
 fudge Hart decided that the State was not confined to the questions ask ed by the defense of the witness put that the witness might testi1y 10 things not brought. out on direct eH- animation. He ruled. however. thae Major Vertrees could not testify as 10 what transpired in Senator Carmacks Of1ce tn$ ni8Ht uChoAS This is the hardest blow yet struck 8. the State as 1t shuts off the attempt 10 show that Senator Carmack scored al the idea of trouble
 The State then resumed cross exam ination through General Garner.
 How did Senator Carmack receive you that nightT'
 "very pleasantly"
 How long were you there tb his or ice before the pistol was mentioned!
 Not very long, for I soon asked him what he wanted to see me about"
 Did his appearance indicate anger or ugliness?"
 "It did not"
 The State made several attempts to elicit something concerning Carmacks mental attitude the night before the Killing, but attempts were frustrated by the court.
 Did any one ever object to your telling the whole truth about this case?"
 Never. I ask ed the defene not to use me, but made the attorneys prom ise that if they decided to use me, they must give me notice in time Tor me to consult with attorneys for the State.'
 .eThe shield or scabbard on the gun would remain in the pocket when the revolver was drawn. would 1t not?"
 .Unless 1t were held upon the re- volver barrel by the hand, IL would remain in the pocket"