The Birmingham age-herald., 1909-02-19
Prosecution In Cooper Trial Believes That Good Basis
 Is Secured
MAJORITY IF WITNESSES
 ARE HELD IN REBUTTAL
Greater Interest Is Manifested In the Trial and Feeling Is Very Tense Between Factions On Both
 Sides of the Case.

Nashville, February 1S-Absence of some state witnesses. and a desire upon the part of the defense to arrange its plan of procedure caused an adjournment to- day until Saturday In the Cooper Sharp trial for the murder of former Senator E. w. Carmaok The state first an- nounced that it rested It's case in chief. When the defense asked until Saturday to prepare, and the continuance was granted. Attorney General McCarn announced that some missing witnesses would be here by that time, and that he would offer their testimony.
 The state has satisfied itself with offer ing testimony to prove that Senator Car mack was slain in Nashville by Robin J. and Duncan B. Cooper. that John D. Sharp, when he heard the shots, knew what they were without looking around, and that prior to the killing several con ferences had been held. This. the state contends. lays the foundation for proof of conspiracy. The state stops here and waits for the defense to offer its case.
 Attorney General McCarn has sub poenaed 64 witnesses and has used scarce ly a score. The others will be held in reserve for rebuttal. The defense has not issued summons, but says it's witnesses will be present without court process. By not issuing subpoenas it prevents the state knowing its witnesses names. The only incident of todays events was the states attempt to prove by implication that the pistol holster found in the dead senator's overcoat pocket was put there by one of the attorneys for the defense. when, a few weeks ago, he went 10 the morgue and tried on the overcoat. Two witnesses testified it was not in the pocket when the senator was killed It was found in the pocket by General Wash ington of counsel for the defense when he tried on the overcoat.
 Big Crowd On Hand.
 The sensations of the first two days tes- timony in the trial have sent local ex- citement to fever heat and turned out this morning the largest crowd yet at tracted to the courtroom. The rumor fac tory has been busy, too, and tales of threats passed and of encounters impend- ing, served to augment the throng. Thus when the first court officers reached the castle-like structure at ' a. m today, enough people to fill the courtroom twice over were surging around the entrance. The deputies were memorable, however, and only enough to fill the seats were ad- mitted.
 Judge Hart's S little homily on the virtue of punctuallty assisted by his implied threat to fine the tardy ones, had a wholesome effect upon counsel both sides, and they were in their seats, ready to proceed, when the judicial gavel noti- fled the sheriff to open court. The judges first order was to clear the corridors and stairways of loafers and curious ones, so that the women who attend might have an unimpeded passage to the best seats. The judge also, over night. had the seats in the balcony raised to a grade so that unobstructed view might be had of the entire proceedings.
 Finding of Holster.
 That the state does not intend to let the finding of a supposed pistol out of the hoster in Senator Carmack's over coat pocket go unchallenged was prov ing this morning when the first witness was called. This witness was Finley Dor ris, member of the undertaking firm which embamed Senator Carmack's body. Dor ris said he examined the pockets of the clothing of the dead man the night of the killing and again at the request of
 
 for bail. He was positive that he searched each pocket and that the scab- bard was not in the overcoat when the body was brought in and was not in it a the time of the application for bail.
 Has anyone else examined the cloth ing?"
 Yes, sir, General Washington and MT. Meeks, counsel for the defense, examined it. with my consent"
 'When?"
 Since the application for bail.'
 Can that holster be crumpled up and concealed in the hand?'
 Tt can, readily"
 Embamer Astonished.
 It will be recalled that W. G. Jones, the embalmer, was recalled by counsel for the defense late yesterday and asked to search the dead mans overcoat pocket and tell what he found. He produced the small rubber holster. to his evident as- tonishment for he swore 1t was not in the pocket the night of the killing.
 General Washington examined him. The witness said the article was a rubber shield worn on the end of a re- volver to prevent the barrel from wearing the pocket. Washington was going more into detail when Judge Anderson, chief counsel for the defense evidently disap- proved for in the middle of a question the witness was excused.
 William Murray bookkeeper for Doris, told how General Washington and Attor- ney Meeks examined Senator Carmacks clothing a few days after the application for bond.
 'They came iii and examined the cloth ing carefully, and General Washington put on the overcoat. He turned slowly around and put both hands into the over coat pockets. Suddenly he drew out his right hand and this scabbard was in it. What is this thing? asked General Wash ington holding the scabbard out to me-
 
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