The Birmingham age-herald., 1909-03-11

 the sidewalk and fired into his own body? Senator Carmack was shot twice through the heart and once through the spinal cord-either one of which would prove fatal. Those shots, those bullets were placed into his form, as testified by the defendant and then by witnesses, s rapidly as it was pos eible to move the finger of the hand, so fast that one witness said he could not indicate with his hand the sound of the reports. All the witnesses agree on this, Robin Cooper and John Sharp. They tell you that Carmack, with four bullets still in his revolver waited un- til Robin could come around the pole from six to 15 feet and did not fire, waited to receive the deadly bullets.
 They tell you that after receiving the two wounds in the heart he turned his head and received the third bull let in the neck; yet these bullets were fired so rapidly that a man-their own witness-says he could snot initiate the report.
 Accusing Finger.
 Gentlemen, I see in the location of these wounds the accusing finger of God, making it impossible that justice should miscarry or that the guilty escape. They swore that the senator only turned his head. They had to have him to turn his head. His body could not turn-on their own testimony, 1t did not have time to turn. But lis- ten, gentlemen, we have here another mute witness, which all the lawyers on Gods earth cannot impeach Here is the senator's collar. It has in the cen ter of the back a bullet hole. If Car mack's body did not turn around. and they swear it did not, how could that bullet hole be in the center of the back of the collar, for the collar does not turn with the head. To turn the collar gentlemen, the entire body must turn. And even with the deadly automatic revolver, you cannot shoot a man in the back while standing in front of him." General Garner analysed the testi- mony of the witnesses, showed the con nection between their evidence. He paid a tribute to Mrs. Eastman and said that he sat at her feet as she talked and was sorry when she had finished.
 'Oh, Carmacl<, if you had to go with out last blessing on your hearts idol, your son, if you had to leave with out last kiss from your wife. are you not glad that beautiful Mrs. Eastman was there when you went?
 Defense AssaiIed.
 "They said she lied" he exclaimed. Hell never instlgated blacker calumny. All people lie who oppose them. Virtue has no power to stay their foul hands. Benning alone pleases them. Benning did make an earnest effort to earn the salary or the glory he sought in this case"
 Garner made a savage attack upon ea.y Ca c swore that Mrs. Eastman told him the details of the tragedy as she entered the Polk flats. Morgan is fatly con- tradicted by half dozen women who helped Mrs. Eastman into the apart ments of Miss Fort. Garner paid a graceful tribute to the women and sald he would leave it to the jury to decide whether the women lied or whether Bill Morgan told the truth.
 And now we come to Benning the santed Benning police judge of Danville, H., and cook on a houseboat Now Benning lied and you know he lied. want to say that l do not believe that MT. Meeks had any more to do with securing or drilling Benning than I had. I know how such witnesses come. Benning knew that there were no eye-witnesses to the killing except the defendants. So he got | into the game. He also knew that to
 
 must see only the act itself and avoid details. And that is what Benning did. TwirIing the Cylinder But he was here to see Carmack ex- anime the pistol. There has been effort in this case to prove that Benning didn't say that Carmack twirled the chamber l or cylinder of his revolver with his thumb. But he did, in answer to my | questions he said, and he twirled it with his thumb. That is the record, no mat ter how he qualified 1t later. And you saw we proved to you that the cylinder could not be moved with the thumb. "Benning couldn't keep away from a little detail though. He tried to strike match on telegraph pole and 1t was wet. He forgot that the rain that day did not come until half an hour after Senator Carmacks death. But he went over to gate and struck the match on the hinge. little later he was crossing the lot at Seventh avenue and Union street when the shots were fired. He