Bryan morning eagle and pilot. (Bryan, Tex.) 1909-1909, 1909-03-07
ALL EVIDENCE IN.
Three Speeches on Each Side
and No lime Limit.

witness was called Saturday In the
Cooper carp Ial general Garner
arose ana said. After a careful ca.
animation OF the record We find NO
testimony introduced as TO the rolatiy,
location OF the telephone poles at the
scene OF the killing. The court agreed
IL such testimony had not been intro.
duced We were permitted to prove IL
in robptal"
Il believe that will be proper, Gen.
oral,' relied tho courts
Well, put In Judge Anderson. eve
will be able to find &c. Mrs Eastman
testified anu so d.d llr Cole"
Judge Anderson then read the test.
mony Of these witnesses.
The significance o. deiense's objct-
ton 10 the testimony lies IN the TACT
that II the state gels i,s theory Of the
location OF the poles before the jury
II will be able 10 demonstrate that
Senator CaTmack Couid not have shot
Robin Cooper by firing between tho
poles. as defendants say he did The
court said he was inclined 10 think
the state had gone into the question
far enough.
Then Attorney Fitzhugh offered
some photographs Of the poles taken
after the killing. These are to be eX.
cluded
Then the state called c. II. Farrell
Farrell is employed in the Tennessean
office and on the afternoon OF tho
tragedy saw Carmack 30 into a drug
store across the street. He went TO
the drug store moment later.
Was Senator Carmaek In the bus.
mess office before he left the build.
ing that afternoon" asked General
Garner
"He was not"
He was not in the business office
then. How long were you there?
From | o'clock that day, on"
Beuniur swore ne saw Carmack In
the business office OF the Tonnessean
that afternoon. This witness i'm
peaChed the man who was arrested
for alleged perjury Friday on this
point. Geenral Washington made ef
forts TO confuse the witness, but
failed
Mrs. G. r. Williams met and talked
20 Senator Carmack about twenty min.
utes before the tragedy and said his
manner was very pleasant and calm
Mrs. Crory. who saw Mrs. Eastman
few minutes after the shooting, nj
Polk flats. testified she never saw
Mr. Morgan and did not see Mrs. East
man talk 20 any man. She said: Mrs
Eastman>could not have taken hold Of
any ones coat lapels, for held one
of her arms and Miss Fort the other
Morgan swore Mrs Eastman gave
hin. her version Of the tragedy in a
few moments after II happened and
failed to mention that Cooper shouted
10 Carmack. There yoI are. sir; We
have the drop on you
Attorneys on both sides withdrew
for conference Upon their return
Attorney Garner, for the state. read
the agreement signed by both sides.
This agreement concerned notes writ
ten 90 Carmack by Cooper. II was
agreed the original note, written at
Mrs. Burchs home had never been In
iroduced: that the second note, writ
ten by Cooper at the Maxwell House
and given TO Judge Bradford, was pro
duced AZ the hearing TOR bail, re-
turned 20 Bradford and he says he
lost Il: that the note introduced now
is the COPY OF the note Judge Brad
a A Inn a fol after
the agreement was read Attorney Car
ner said the state rested.
The defense eudeavored TO Introduce
the testimony OF Mrs. Sperry, the ste
nographer who wrote the letter for
Colonel Cooper. and who had a copy
Of the letter In her possession. The
Jury being excluded Mrs. Sperry said
that although she had not seen a car.
hon COPY OF the letter since she wrote
Il she knew IL was written the day
OF the tragedy as Il contained q mis-
take which she made and which
Coper could not wait 10 be corrected.
The court however. did not allow the
testimony.
Charles Burch. son.in.law Of Cooper,
testified he remembered a letter or
not Of Cooper 10 Carmack being Vis.
placed.
After the introduction ~ one or two
minor witnesses the defense also
rested It's case. After a conference Of
counsel on both sides II was agreed
20 besin arguments Monday. Each
side ~ 10 have three speeches and no
time limit Is 20 be exacted Court then
adjourned until 2 o'clock Monday
morning.