The Montgomery advertiser., 1909-02-28

I heard i've shots with an interval be- | tween the first and second shots, which were louder than the later shots. 1 T rushed out. I saw Robin leaning against the pole. Colonel Cooper with his arm around his son and Carmack's s body in the street.
 What did you do?" | T made a nasty examination of Car mack's body and found he was dead Then I waited for an officer" How was he lying?" | Head to the north, partly on his right side, right hand extended. left leg slightly fiexed.'
 Did you see pool of blood and a bullet in it." | T did. near the dead mans mouth"
 Anything in the left hand?"
 cigar. As I stood the fingers re- faxed and the cigar slipped to the pavement" Did you see revolver?"
 wear the Senator's right hand" | Did you see any one breach it?" | After the body was put in the am- bulance, Lieutenant Pitcher broke it." l Did you disturb the body in your ! examtnationr' | No sir. As soon as I touched the body. I-knew he was dead. may have moved 1t very slightly" | T did" = Was she hysterical?" l think she was highly, excitedT | Export on Hysterics. The State objected unless pr. Dake was ant expert on mysteries The doc tor smilipgly said he was not a spe- | cialist on mysteries. On cross examin-, ation, the State asked why the doctor described an interval. between the tshots. sSM k..r- Because I was asked to describe the shots" s6+ t-.I You were simply asked how many shots you heard. were you not?" NO, sir. was asked, how many and l to describe them" s-- the stenographer sustained the wit ness. stey , , You never, in your testimony in the preliminary hearing, referred to one | shot being louder than the other?
 T was not asked as. to that point at that time." .af- General Fitzhugh, of the State. pressed the witness closely as to ths differences between his recollection of the incidents now and his testimony at the earlier hearing. but could secure no admission from him. Invariably the. | record sustained him.
 Robert B. Dillard. lumberman from Lebanon. Tenn, who was in Nash vile the day of the killing was next, | called. He said he was near Seventh Avenue and Church Street when ht heard the shots. -sN Describe the shooting. First came two shots then three | shots very much quicker. The two first shots were much louder than the last three."
 On cross examination by Attorney ,x,it cofd ha walked on after hearing the shots and did not learn for some time that Sem ator Carmack had been killed. He ad- m1tted that the day was dark. that he looked up Seventh Avenue and saw nothing and that his failure to see might have been due to the cloudy. murky atmosphere.
 billiard was sure that the shots were from different revolvers.
 You didn't so state to the States attorneys, did your"
 "I was not asked"
 Gan you tell whether those first shots came from the revolver of Sem ator Carmack or the revolver of Col Colonel Cooper"
 "I could not"
 stand aside."
 Professor W. c. Kilvington. superin. tendent of the State Industrial School testified that he was in Dr. Forts in- firmary near the shooting and heard the shots. ''- 4I- .-f .. rsra a-s
 There were two shots first. loud bur mufied. Then came three shots more metallic but no so loud."
 "Cross examine" |
 Attorney General Garner cross ex- | amined briefly as to the time between | the first two shots and the others.
 Will you indulge us moment? said Judge Anderson. The court ac | quiesced. After few moments delay. | the counsel returned and Judge An derson said:
 Governor Patterson Called.
 "Call Governor Patterson. Mir. Sher. if"
 A murmur ran over the room, quick ly suppressed as the tall, slender, boy ish-looking Governor walked into the room. hat in one hand. overcoat in the other. He listened to the oath. and said: 'I do" at its conclusion.
 You are Governor of the State?"
 T am."
 How long have you served?"
 1.-TWO years in one term and a month in the second"
 Do you know the Coopers?"
 q do; we'll"
 "Did you see Colonel Cooper the day of the killing?"
 "I did"
 w neTe!
 T hunted him up"
 "Why?"
 "As a result of a telephone message from his daughter, Mrs. Lucius Burch
 The Governor told how, with his pri- vate secretary, MT. Scruggs, he hunted for Colonel Cooper and finally found him at the Maxwell House. The state began to object and the court ordered the jury to retire.
 'I want to say" said Judge Ander- son, that we propose to ask questions heretofore ruled out but We want them in the record, as the jury had better retire."
 After the twelve men had gone out, the Governor was told to tell all that happened.
 q found Colonel Cooper in the writ ing room, writing a letter or dictat- ing one. He told me to wait min ute. I sent for Attorney James Brad ford and Robin, They arrived in a few