The Montgomery advertiser., 1909-03-14

if Colonel Cooper borrowed . gun he could use it,"
 General McCarn launched into an ei- oquent defense of Miss Lee.
 They say they took Colonel Cooper down to Bradford's office to cool on. Why. gentlemen. you might as well talk of turning Vesuvius upside down in hell to cool of. They took aim to Bradford's offlce to cool off!-the office of the man who said he could have killed Carmack with as little -emorse as he would kill a rattlesnake. But they say only Miss Lee claims he said this. and they attack Miss Lee.
 Now what motive did Miss Lee have in perjuring herself? Did she want to lose the best job in the city of Nash vile for a young woman? Did she have no other way of losing that po- sition? Why. gentlemen, she has every incentive in the world to testify TOT the defendants. And you saw her. you saw truth in her eyes and truth come from her lips. from the lips of the beautiful girl who refused a home ana the support of a good man because she preferred to make living for her mother. And she sacrificed her homo. her position. her mothers living to tel the truth; sacrificed and to be denouhc- ed and revtled.
 He defended the little newsboy. Johnnie Tyndall and claimed the ooy was corroborated in his statement that he heard Colonel Cooper say We Will 1et him by Colonel Cooper himself.
 "CoIonel Cooper told you himseif that Robin, urged him not to go up Church street lest he meet Carmack That corroborates Johnnie Tynoaii and tells you who they were going to get Of course. they didn't want to meet him on Church street. there would have been fifty witnesses there and they only needed one. So they de- cided to go up Union street to Seventh avenue Now we do not say that a conspiracy was formed in Bradfords 8 office. but we do say that Colonel Coop CT left that office with hell in his heart.
 "Next we get to John Sharp. I am going to leave the Colonel and Robin and turn to John Sharp. They say IL was cruel persecution to have John Sharp indicted. Now. let me ask you. gentlemen, do you think 1t Is pleasant for me to stand here and ask you to convict of murder in the first degree, the brother of the clerk of this court, who has been my friend for years and whose friend I am now. Great God. don't you know that if there was any way in the world out of it that I'd never be forced to plead for the death of my friends brother But ] have a conscience, gentlemen. and I'll either do my duty or I'll resign and let you put some other man in my place.
 John sharp's Part.
 "John Sharp was taken along for a purpose-to witness that killing. and he filled his purpose. But they say he put himself in position where he couldn't see 1t. Oh. what rot! A man who goes along to be a witness. doesn't have to see the act. These men have been allowed to associate together They have sat together in Jail. I doubt not and talked all these things over.
 Why, I know John Sharp well enough to know that if he had been there honestly or accidentally, he would have done what you would do or I would do. he would have run back. not walked. to where Carmack was lying.
 (''why. his friend had been shot and his other friend was in trouble. But he was confused by his guilt and when Miss skeffington suddenly con frontej him and asked him what 1t was. he blurted out the truth. Tt Is Dune Cooper shooting Carmack' Mc- Carn claimed that every move Sharp made after the tragedy was an accu- sation against him.
 He refused to tell anyone what he knew. refused to describe the tragedy Is that the act of an innocent man? No, 1t Is the act of a defendant after he has been instructed by a clever at torney. And no one. mind you, at this time had accused Sharp of having had any connection with the tragedy. The facts here show beyond a reason able doubt that Sharp was an access sorry before the fact. Why, when he was on the stand actually felt sorry for Sharp on cross-examination. His tongue stuck out and it nearly rattled So dry was it and in such confusion was he.
 They go up Seventh avenue. Now I do not know how they knew Car mack was coming or whether they knew 1t at all or not But I am cer- tain they were expecting him. Why. for three months Senator Carmack had passed up and down Seventh avenue and John Sharp. who lived on 1t. must have known-if not exactly where he nVed, at least that he lived on that street"
 General McCarn. as General Garner had done. placed two objects upon the floor to represent the telephone poles and demonstrated to the jury how the defendants say the shooting took place. Then he declared that their story was contradicted absolutely by the physi- cal facts. McCarn called Garner over to assume the position that Robin says Carmack took when the shooting be- gan. The Attorney General took Rob- ms automatic gun and Garner took Carma ck's. For the poles were two rolls of wire fence.
 McCarn pointed out on Gamers body the position and direction of the wounds. He showed that the two wounds through the heart were down. ward. The defense claims they were inflicted first. McCarn argued that they could not have been that they were inflicted when Carmack was fall ing, as they ranged so directly down. ward.
 Turn your head Carmack have shot you. now" shouted McCarn, and Garner turned his head
 Sharp's Testimony.
 Nov Sharp says Carmack turned his head not his body. and Sharp Is the only one who says so. Then he says the third shot was fired. But Robin. standing in front. as they all swear he was, shoots Carmack in the back of the neck through the spinal cord Look, gentlemen, how could he have done so? Turn your head as far as you can, Mir. Garner, there. you see how physically impossible the story is7 MT. Gamers head Is turned as far as 1t will go and there is no chance that could put -A bullet from this position into the back of MT. Gamers neck you see 1t? But the bullet went straight into the spinal cord of Sena- tor Carmack: his collar and his coat prove It. There are the mute wit nesses that bear testimony which you could not disbelieve If you tried. No,