The Montgomery advertiser., 1909-03-11
State Presents a New Theory. SAYS COLONEL COOPER
 WOUNDED HIS SON General Washington Pleads Justi tication.
  Both Lawyers Review Warm Politicaa Battles in Tennessee and Parts Played By Figures in the Tragedy-T1butes to Dead states- :.

Nashville, Tenn. March 1O.-Two things stand out in today's develop ments in the cooper-Sharp trial for the murder of former United States Senator E. W. Carmack One Is the theory of the State as to the wounding of Robin Cooper. The other Is the de- fenses defense. s4
 The State announced through Ats torney-General Garner that 1t would contend that Col. D. B. Cooper fired the shot which wounded his son. and that Senator Carmack. if he fired at all. fired wildly.
 General Garner first declared that 1t would be physical impossibiiity for Carmack to have shot Robin as the Coopers swear he did Next, ne clared that the reasonable solution of the problem was that Colonel Cooper opened fire on Carmack as Mrs. East man believes he did. and that a bull. let from his pistol struck the tele- phone post, was dehected and entered Robins shoulder. He contended that this theory Is corroborated by the course of the bullet. which penetrated the flesh only an inch and half and bailed to strike a bone.
 A 3S-calibre bullet fired point-blank at a range of three or four feet. Gen.
  deeper in the flash than an inch and a half.
 General Garner made a brilliant and logical argument, and 1t was with dif- ficulty that a demonstration was pre- vented. The court officers. however. were aided in this by the sudden faint ing of Mrs. Carmack.
 The audiences attention was in- stantly diverted to the widow of the nniat nAln@ tained.
 It became evident from the argu- ment of General Washington for the defense, who followed General Gar ner, before the jury. that the defense proposes to rely very strongly upon plea of Justification as well as upon the plea of self defense. General Meeks paved the way for 1t in his arr gument yesterday when he came ous boldly in favor of the application or the unwritten law to editors ana ae- clared that the murder of Carmaek py the Coopers was not the hrst time tnas "A Nashville editor had been slain ioS criticising some one
 Denunciati0n of Carmnck.
 General Washington did not take such a decided stand. but he dcvotea the entire two hours of his argument this afternoon to denunciatioh oA Carmack.
 .orhe man with the poison of scor- pion in his pen. the sting Of wasp in his words, and the venom or the tat- tIesnake under his tongue. he inter nretea Carmack's words and editoriais as he said they were meant ana as Colonel Cooper interpreted them anu declared that the Colonel had no re- course in the world He had not m Ished his argument when court ao- iourned and he will conclude It toinor- row. ~ aatan.a ,.,II ToIlow. and then Attorney General McCarn will close the case TOT the
 so dense was the throng inside tns bar today, in the CooRer-Snarp a .cE that InS inS9e Hart could not reach the oencn rom his chambers until two husnSy deputies pushed open a narnVSI He mounted the bencn anu r1 glad
 Ladies and gentlemen. l am se ,o sen vou here this morning ana sor rv there are not more Of you. AZ < eaid before there must be no demon strations. If you follow my oroe1 evarvthine will be lovely. If you do not we will fall out right away.
 laugh followed the judges re- marks but he rapped for order,
 As one lawyer remarkeo' ha,L Maurv County came to Nashville 10 baor Attorney General Gamers arSu- nent for the state That is Gamers home county and the young lawyer IS nopular there. Few of them got ihto tho court room, however, and those or1y on cards issued by Garner. The rest of the visitors had cards. too. put the walls refused to stretch so they sat on the sidewalk and caught now ana then a few sentences.
 General Garner began his argument Ia aaid
 q feel the same pride and gratift- cation at representing the people of the great state that l always do in nrosecuting a criminal. At the same tI,ne have never tried d case that there was not some humanity mani tested on the side of the defense that called forth some cause for regret. In this case there Is the same humanity that exists in all cases.
 "The position of the defendants in this case is not so different that the hearts of those who love them suf- fer any more than the loved ones of defendants who are lower in the social scale.
 Sympathy for Defendants.
 And do not say that the loved ones of these defendants do not suffer. My sympathy goes out to them. though 1t may not be appreciated and I regret that 1t is my duty to prosecute. I say this because I want you to believe that what I say here is said from 8 sense of duty. Since time was. the in- nocent have had to suffer ten fold with the guilty and these defendants alone are to blame for making their own dear ones suffer.
 But the saddest part of this case to my mind Is that the lips of the man they so cruelty murdered cannot re- anond and reply to the cruel slandars and maledictions heaped upon him by the hired counsel of the defense And I appeal to you to bear me out when say that M. Fl. Meeks, falsified the record when he told you that Senator Carmack called Colonel Cooper a dive keeper It was a cruel and a mon strous misrepresentation.
 'Tf you gentlemen of the defensS