The Montgomery advertiser., 1909-03-06
A WITNESS ARRESTED  States Cou.s Charges
 Ndry. sENsA7> =. AT COOPER TRIAL Bombardment of the Case of the
 Defense. The Testimony of Governor Patterson and Others is Impeached by
 the Attorneys for the

NASHVILLE, Ienn MATCH o.-lnlS was the States day in the trial of Colonel D. B. and Robin Cooper and John D. Sharp for the killing of former United States Senator E. W. Carmack. Not only did it tear to pieces what was left of the testimony of s. J. Binning, the defense's mysterious red bearded man. who claimed to have seen the shooting. but 1t challenged the right of the Coopers to be on Seventh Avenue at all. the day of the killing. It did this by impeaching the testi- mony of the Governor and others who claimed the Cooper's were invited to the mansion and that while on their way there they met Carmack and street duel followed.
 The bonn bardment of the case of the defense began early today when two witnesses swore that Binning. the night of the tragedy. said to them: ri. had been five or ten minutes earlier, I would have seen the killing"
 Later in the day. the State intro- duced witnesses attacking the reason the defense gave for being on the street Senator Carmack must traverse to get to his apartments This reason was that Governor Patterson had sent for the Colonel and Robin accompanied his father. Ad1utant General Brown. Judge Bradford, Colonel Cooper and Robin Cooper, testified that after Col onel Cooper left Bradford's office, just before the shooting, General Brown recalled him to talk to the Governor over the phone. and that 1t was in ! obedience to the Governors command that the men were on Seventh Avenue, upon which Is the executive mansion. when they met Carmack. Two witnesses swore that after Colo nel Cooper left Bradford's office, he neither returned voluntarily nor was recalled to the telephone by any one. And one, Miss Daisy Lee. declares that instead of the Governor calling the Colonel. the Colonel. at Judge Brad ford's suggestion, called up the Cover nor at the Capitol. The latter testf- mony. however. was not permitted to reach the jury. -s t.,.
 In rebuttal. too, the State attacked Judge Bradford. Miss Lee swore that he told her he could have shot Car mack himself with as little remorse as he would have shot rattlesnake. She also swore that Paul Davis, another of the defense's witnesses, declared to her he would perjure himself to get on the jury.
 When the sun had set and the battle was over. the State announced that it would have but two or three more wit nesses to complete it's case in rebut- tai and that they would be put on to- morrow.
 The defense has not announced Its purpose yet, but 1t Is safe to say that the arguments will begin next week No time limit will be put on either side. There are score of lawyers in the case and the speeches doubtless will last several days
 Soon after court adjourned, the States attorneys went into conference At p. m. they emerged and Attorney General McCarn held a warrant for the arrest of s. J. BInning, on a charge of perjury. The specific allegation Is that when he testified that he saw Senator Carmack twirling the cylinder of his revolver, he swore to lie The warrant was served at once.
 The protests of the jury against the | delays in the Cooper-Sharp trial for the | murder of former Senator F. W. Car mack. had an appreciable effect upon counsel on both sides today.
 Neither side cares to antagonize the | used every endeavor to rush the trial. | The same small crowd marked the | opening of court today. Judge Hart | rapped for court on the minute. but | there was few moments delay await | ing the arrival of General McCarn.
 The first witness called was Charlie carroll. who with his brother runs a shooting gallery near the square. On the day of the murder witness went on duty about p. m. A little later s. J. Benning. 8 defense witness. came in.
 Did he tell you that if he had been five minutes earlier he would have seen the murder of Senator Carmack?" said Attorney General McCarn.
 He did"
 What happenedT
 Well, we were discussing the kill ing and he said he had been near there and just missed seeing the killing five or ten minutes"
 Was he talking to your
 He was."
 Was your brother present."
 He was"
 At first the defense refused to cross- examine. but reconsidered and called the witness back.
 Who first asked you about this7" asked General Washington.
 About whatT
 About your testimony"
 Some officer phoned me to come over morning and told me to come over here"
 Witness Confused.
 General Washington confused the somewhat as to the exact time of the conversation. On redirect ex- animation. Carroll said he forgot the incident until he read Bennings' tes- timony in the papers. When he learn ed that Benntng swore he saw the the witness at once recalled the conversation. Asked how the pros- ecution learned of the conversation he said:
 T wish I knew
 George Carroll, a brother of the pre- vious witness, was next called.
 The defense made a desperate effort to prevent Carroll from corroborating his brother. They objected because the State did not put the same question To Benning. The court ruled with the State, however. and permitted Carroll to repeat practically what his brother had told. He was cross examined very briefly.
 The next witness was George Wool en- called by the State to testify as to the location of the two tel sphone poles at the scene of the tragedy. The object was to pave the way for the introduction of the photograph taken yesterday by the sate of the pole still standing together with the dummy erected to represent the pole that has been removed. The defense objected bitterly to this tes- ,
 Attorney General Garner said:
 ''The defense, your honor. has tried
 !