The Birmingham age-herald., 1909-03-13

liA0 eAAl lheiA 9AApoNia etitd StNAiNN l senger boy to help him re-enact the
 tragedy This was the third time the 1 speaker has described the tragedy.
 You are Carmach' he exclaimed.
 Washington seized the automatic revol- | yer. crouched down, with gleaming eyes and bristling mustache. The boy, fright ened, began to back away as Washing ton stealthily advanced The crowd laughed and the judge did, too. "A son who sees his fathers enemy. revolver in hand, and does not kill that enemy as he would a mad dog is not fit to be food for worms,' the attorney declared.
 Something distracted Washington's at tention and he wandered off into the tes- timony of a witness who found an empty she'll The boy took advantage of the Aggression to escape and when the at torney turned around to "shoot Car mack "Carmack" was missing
 And Carmack fell dead" he went on. T do not care for all the monstrosities in surgery that are reported-men who have lived with bullets in brain and heart and spinal cord. I do not care for such neophytes as Dr. Glasgow and others. l say Carmaok was dead the moment that first bullet entered his heart.
 Another Boy Comes In.
 Now, let's see where Robin Cooper was" another boy had come in and Washington grabbed him. You are Rob- i1 now" he said "Carmack sees you. Bang, bang, two shots. Why does he not shoot Robin again? Because Robin has shot him, and he is dead. Anyway, to get away from those wounds in Carmack. Shakespeare calls them These dumb mouths with ruby lips These wounds cannot be rubbed out. We know that when he received those wounds he went down.
 There is no dispute as to where Rob- in stood; there is no dispute that Car mack fired directly into Robins face. mack thrust into the boys face, the face of the boy who had supported and helped him. He fired twice. Thanks to the thick ness of Robins tie, the stiffness of his collar and thanks to fate, Robin was not to die. Carmack was astounded that the boy did not fall. so he stepped back. If he didn't kill with two shots he still had three left and he prepared to use them.''
 Again and again the attorney re-enacted the tragedy. Again and again he de- clared Robin had a right to shoot Car mack like a dog Again and again he declared that Carmaek was a coward, that he hid behind Mrs Eastman, try ing to get his revolver into position for action.
 The Pistol Scabbard.
 Then Washington returned to the scab- bard found in Carmack's overcoat pock- ct. This scabbard seems to have a fas cination for the attorney. He compared the scabbard and the Carmack pistol to Ruth and Naomi and told the beau tiful Biblical story in his own original way, illustrating 1t with gestures made while revolver was held in one hand. And like Ruth and Naomi" he con- cluded, this scabbard and this pistol clove together. You cannot separate them and this is why we can identify the Carmack pistol absolutely. T will not detain you very much longer, but I want to talk some law to you now. Bring in the books I ordered"
 deputy brought in some law books and the attorney began to read decisions oA self-defense. overt acts, mental con- ditlon of the defendants and the other material facts that enter into this case
 Tt is cowardly to skulk in a room and write editorials; it is cowardly to creep behind houses and drop words of poison into individual ears. It is not cowardly to go out into the sun- light, bare your breast and demand an interview that you have a right to ask. Why Robin would have had a right to kill Carmack the in- Sldul ilc Uldu6 SUD lOWdTQS HIS father. No law compels a man to wait until his antagonist Is on superior or even equal terms with him. He may act first in the consciousness of his own innocence of evil intent. Every fact and circumstance in this case tends to show that Robin acted in this innocence of evil intent and he acted very magnanimously in not shooting before he received wound he believed to be fatal.
 q ask you gentlemen, if you are go- ing to convict men for doing something that everyone of us would have done and he should have done-long be- fore?
 Apostle of Sunshine. Standing in this case after the storm has cleared away, after the sun is shining, I feel like an apostle of sunshine. Let the sun shine into your hearts; let it's rays warm your soul and when it does, you will come in and report the truth. And in that act you will be happy to restore Robin Cooper to his foster mother who has stood over him since his own mother died. Not as murderer, branded, but as a dutiful son. And when you do you do not care who approves, and who disapproves, for you will have the ap-
 
 you will tell your families that you have been trying a boy who spent the day trying to save his father and who shot only after he received the cruel lead in his breast and that you ac- | quilted him with the mark of honor on | his brow. Do it and do 1t quickly and when you have done so, you will have | earned the biblical approval of all the | good people of the state in the well | done thou good and faithful ser vants.'"
 General Washington concluded at | 11:15 a. m., having spoken II hours and | Is minutes. Immediately court ad- l journed until l D. m.
 | Judge Anderson Speaks. 1 Long before Judge Anderson arose to | make the closing argument for the de- l fense, every seat in the court room was | filled and men and women crowded into l every inch of space in the aisles and | around the walls. Judge Anderson is | considered the ablest criminal lawyer 1 in the state. He has been to Colorado l for his health for a year and returned | only to try this case. His physical con- l dition is not the best and he spent the | entire morning on a lounge in an anti | room husbanding his strength for the | argument this afternoon. He is not a | great orator in that he indulges in no | frenzied outbursts, but he is a con- | vincing talker who carries weight with | juries.
 The judge is tall, slender, very youth- | ful looking, pleasant of address, quiet | and ther reserved in his manner His 1 smile is especially winning. rie sala | in opening:
 | The speaking of the last word in I l,1ho 1ft A1 lofa F. T