Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-27
GUNS FLASHED
IN COOPER
TRIAL
COURT USES REVOLVER IN
PLACE OF JUDICIAL GAVEL
Testimony Showing Carmack's S
State Of Mind Ruled Out De-
spite Bitter Protest of State S
Attorneys,

Nashville Feb. 26.-The ninth day
Of actual testimony in the trial OF
the Coopcrs and Sharpe, charged with
killing former Senator e. w Car
mack, was marked by bitter argument
between opposing counsel and closed
with decided advantage for the de-
fensc At the same time an inter-
csting law point was decided by
Judge Hart.
The defense offered proof that Col
oncl Cooper was told by Edward
craig, whom the colonel had sent to
see senator Carmack that Carmack
was in an "ulgy humor." The de-
fense's case was based really upon
this one expression, for Colonel
Cooper and Robin both testified that
they armed themselves because they
were led to believe from the reuaril
Carmack might attack the colonel.
The state then offered to prove by
two of the dcfensc's own witnesses,
Major Vcltrecs, and Assistant state
Insurance Commissioner T. Leigh
Thompson. that CarmacS was only
not IN an ugly humor but laughed
at the idea of trouble
The defense fought the admission
Of this testimony with more vim
than has characterized any argument
since the trial began. Counsel de-
clarcd the state could cross examine
only ON such matters as had been
gone over in direct examination.
ON the question of Major Vcrtreos
testimony Judge Hart excluded the
jury and permitted the stan 10 ex
anime Major Vertrecs for the courts
benefit Eo admitted gl tho state
saio ne would, that Carmaek laughed
at the idea Of trouble. said he had
done nothing to provoke it and that
he wanted revolver simply to satisfy
his needs
The court held with the defense
that the testimony must be excluded
When r L. Thompson was on the
stand almost the same question was
raised Judge Hart then said he would
render final decision on Il point to-
morrow. but intimated that unless the
state had discovered some new au-
thortles to support its contention he
would rule out the testimony.
1t was during this last argument
that one of the most amusing Incl
dents of the trial occurred Judge
Hart was listlessly and with a bored
air, toying with the revolver said to
have been taken from Colonel Cooper
the night of the killing. All at once
Attorneys Garner and Washington
began to indulge in personalities
The court sat up quickly and think
ing he held the judicial gavel in his
hand proceeded to pound the table
Vigorously with the butt Of the wea-
pom
Everybody in the room laughed.
the court blushed, dropped the rcvol-
Yer and remarked
"Now proceed with the law suit.
Rcvolvcrs in the case played a
Prominent part in the days hearing,
and tic testimony was much TO the
advantage of the defense. The
prosecution has gone upon the theory
that the revolver with the two empty
shells found near senator Carmack $
body was in reality Colonel Coopers
and that the revolver introduced as
Colonel Cooper's which had not been
discharged. was the one the dead SEN
ator carried
Major Ncrtrecs. however, who
loaned Senator Carmack the revolver,
Identified the one found near the body
with two discharged shells as the one
he had loaned the senator. Police
Commissioner Hutchinson Identified
the revolver which had not been fired
as the one he loaned Colonel Cooper.
Judge Hart decided that. Major
Ncrtrcos -could not testify to what
uauspircd in Senator Carmack's Of
iieo the night before the shooting.
This is the hardest blow yet struck
az the state. as it shuts off the at
tempt to show that Carmack scoffed
al the idea of trouble.
Wien Major Vertrecs was excused
tho state asked for list Of the de-
lenses witnesses.
Counsel for the state scanned the
list Of witnesses eagerly but smiled
when they saw how incomplete il was
Adiutant General Tully Brown did
not appear oa Il.
Police Commissioner Hutchinson
testified that at a conference at the
Tulane hotel the night before the
Shooting Colonel Cooper had asked
h.m for a revolver. and he loaned him
one He Identified the weapon hand
I'd him by the attorney a. the one he
had loaned
The defense next called r Leigh
Thompson. deputy state insurance
commissioner. who got To the scene OF
the tragedy about five minutes after
% occurred. He say Carmack's body
in the street in pool Of blood. He
had seen the senator during the af
trruoou. he said.
II threats made by the deceased
were communicated to the defend |
ants. they would be admissible as
tending To- show the defendants state
ei mlfd. As II T.. senator Carmack !