The Montgomery advertiser., 1909-03-13
Closing Speech for De- fense Begun. JUDGE ANDERSON ADDS
 ULSTER TO REPUTATION The Law of Self Preservation Was
 Theme. 'Attorney-General McCarn Will Follow Judge Anderson, and After :. Judges Charge, the Case VIII Go to the
 Jury.

NaSuVllles Ienn.s MATCH 1Z.-Iue siA- teen-inch gun of the defense's batte- ries was trained upon the State today with telling effect. when Judge James Victorian Anderson began his argu- ment in the trial of Col. Duncan 5 and Robin Cooper and John D. Sharp. for the murder of former Senator E. W. Carmack.
 the ablest criminal lawyer in the State. is chief counsel for the defense. Strangely enough he was a close per- sonal friend and political supporter of Senator Carmack. Although in bad health and worn with the strain of ten weeks of active work. his speech today, instead of dimming his reputa- ton. has added only luster to 1t.
 Judge Anderson Is not dramatic orator. He adopts no theatrical de- vices. He does not speak In meta phors, nor indulge in sentimental ap- peals. Only once did he refer to Colo mel Cooper as the old soldier" and thies of the jurors. He boldly dis claimed any idea of pleading that any editorial or speech could justify the slaying of Carmack, and declared that his clients case rested solidly and alone upon the first law implanted in all living beings-the law of self-pres- ervation. Then he boldly plunged in- 
 plication of law. and startled his hear CTS by solemnly asserting that Robin would have been justified in killing Carmack before he did. Re claimed that Colonel Cooper. after having been assailed in print and upon the plat form. had a right to seek out his de- ifamer in any place he might find him and demand that these assaults stop. f1e claimed further that Robin had a fright to go with his father, and that Doth of them had a right to go armed, for their own protection, If they be- 1ieved that their protestations and de- nands would lead to an assault upon them. }-~.=
 "The law gave them this right. he declared, whether Colonel Cooper had threatened Carmack's life or not. lAnd even if Robin Cooper had gone over there and struck Senator Carmack in the face with his open hand, he right to have killed him. if the Sena- tor attempted to draw @ revolver"
 Judge Anderson declared that this was the law. that he quoted it merely to show how strongly the courts pro- rect the right of self-defense and to make manifest Robin Cooper's 'reiuc- tance to shoot until he had himself been shot.
 An immense throng gathered to hear Judge Anderson, but splendid order was maintained. The speaker grew very weak about 4:30 p. m., and asked 6 continuation until tomorrow. when he will close the defense's case, He will be followed by Attorney General McCarn. who will close for the State. and after the Judges charge, the case will go to the jury
 bare handful of people were in their places this morning when the trial of Colonel D. B. Cooper. Robin Cooper and John D. Sharp. for the staying of former United States Sena- tor E. W. Carmack was resumed. It was the fifth day of arguments and the third day for General Washington, of the defense.
 q shall not delay you very long," General Washington promised. as he stepped out before the jury. T want to direct your attention to James c. Bradford. He enters the case the morn ing of the tragedy at the Maxwell House. when the Governor telephones to him and at once his good offices are apparent in the effort to avoid trag- edy.
 Raging He-DeviI.
 "Yet these hungry. starving lawyers for the prosecution, hungry and starv- ing for facts, would have you believe that this splendid lawyer, this Chris tian gentlemen. this scion of an arlsto- cratic old family. suddenly became a raging he-devil, thirsting for blood and plotting for murder"
 General Washington read a part of the testimony of John J. Vertrees, coi- cerning his conversation with Judge Bradford about the note Cooper had written Carmack He argued that ev- cry line of Vertrees's testimony proved that Bradfords one object was to pre- vent any kind of trouble. Then he passed on to AdJutant General Fully Brown.
 
 you would hear the roar of artillery, see the serried lines. The ammunition is exhausted, the fate of the day Is at stake. beardless boy. mounted on q foam fiecked horse. rides madly down the line. 'haversack loaded with ann intuition, and saves the day for the men in gray. I tell you Brown Is as much a hero as Hobson was Yet they say he lied.
 And Miss Lee She was In the of- flee entertaining company You get two female stenographers on the same floor together. exchanging idle gossip as they do, and am not surprised that she did not hear the telephone ring. She and Mrs. Blake were talking about the kind of a new hat that"
 We object to that and wish to call MT. Washington back into the record said General McCarn. 'I want to do 1t now because he is going out of the record so often that I will not have time to correct him later. There Is not a line in the record that Miss Lee or Mrs. Blake talked about hats or that Mrs. Blake was in the office when the news of the tragedy came"
 Judge Hart admonished General Washington to keep in the record and the latter continued his attack upon Miss Lee. In a falsetto voice. he in- dulged in mimicry of the two young women. The crowd that lined up be- hind the defendants, previously re- ferred to by Attorney General McCarn as the defendants rooters," laughed repeatedly at the antics of the attor- ney. Judge Hart rapped for order. but the deputies made no essort to sup press the demonstration. These root CTS" climb up on the steps to the bench. face the jury and apparently en- deavor to convey their approval over the judges shoulders to the twelve men who are trying the case. Judge