Evening star., 1909-03-06

failure TO see man speak to Mrs East
/ man. She said her husband asked her
about it after he read the testimony of
| Morgan. who swore that Mrs. Eastman
gave him version Of the tragedy few
moments after it happened and failed to
| mention that Col Cooper shouted to SEN
, ator Carmack: There you are, sir; We
| have the drop YOU
| That is ALL. said Washington.
The attorneys on both sides withdrew
| for conference, and on their return At
torney Garner for the state read ~; an II!
| agreement signed by both sides This
| agreement concerned the notes written to
I Carmack by Col. Cooper
| 1t was agreed that the final note written
at Mrs. Burch's home was never intro
duced: that the second note written by
Col. Cooper at the Maxwell House and
given to Judge Bradford. produced at the
| hearing for bail. was returned to Brad
ford and that he says he lost it; that the
| note introduced now is a copy of the note
Judge Bradford says he lost
| State Rests Case.
| Immediately after the agreement was
read Attorney Garner said:
| THE state rests
we have few witnesses in sur-re-
buttal.' remarked Judge Anderson. for
| the defense Call Mrs Sperry"
| The state objected
| I'VE ask that the jury be excluded. We
understand this is an effort to get in some
papers said Gen. McCarn. 1T is not
sur-rebuttal."
Let us see whether it is or not" said
| the court.
! Mrs. Sperry said she was the Maxwell
House stenagrapher. and that November
o, the day of the tragedy. Col. Cooper
manuscript and that she kept a carbon
| copy of it.
| Have YOU that carbon copy with you?"
| II have"
| The state objected again. The jury was
| taken out.
Attorney General McCarn declared that
| the defense had introduced a copy which
Judge Bradford had made. and that If
have introduced 1t before the state closed.
They are tired of that copy now and
| want new one" he said
'"The cross examination of Judge Brad
| for defense, was a direct attack upon
him. Here we have witness who will
corroborate him and prove that he told
the truth
The court held that the letter should
have been introduced on the examination
of the witnesses for the defense in the
case in chief.
Cross-Examination Directed
Judge Anderson appealed to the court to
reconsider the decision. and argued that
the very agreement between counsel just
read opened the way for it's introduction
as in confirmation of Judge Bradford and
in rebuttal Of attacks made upon him.
| Let the state cross-examine the wit
ness" said the court.
| do you keep carbon copies of your let
ters?'
Il never do
why did you make copy Of this
one?'
II was asked to do so by Col. Cooper"
WHO kept it-did you?'
| NO, sir
when did you see it last, until today?'
| The day 1 made it,
How do you know it is the same one?"
| BY the paper, and because | made a
mistake in the letter and Col. Cooper
did not wait for it to be corrected. !
| struck C. instead of an 'e in the word
| use. I find that same error in this car
bon copy
Testimony Ruled Out.
Bring back the jury ordered the
court.
When the twelve men had been brought
in he said:
| The court sustains the objection
| The state tried to get before the jury
! the fact that the witness had not kept
| the carbon copy in her own possession.
| The court refused to permit it.
| Call Charlie Burch.' said Judge An
derson.
The witness is solicitor for the Yazoo
| for defense in this case and a sOn-in-laW
of Col. Cooper. His wife is dead. He is
a brother of DIR. Lucius Burch. who also
married one OF Col. Cooper's daughters
| Mr.. Burch saiu he was in attendSnce
at the hearing for bond and that he re-
| membered that the letter note Of Col.
Cooper to Mr.. Carmack was misplaced.
| The state asked time to confer before
crosseXamning Mr. Burch. The re
| quest was granted. After the conference
they excused Mr. Burch.
| Thsreulon the detense's attorneys asked
| time TO confer and withdrew.
Threats by Bradford.
! Mr.. Bradford said TO me: Il could
| have shot Senator Carmack with no
more remorse than If he had been "a
rattiesnake'
| 1t was with such testimony yesterday
| evening from the lips of Miss Daisy Lee
stenosrapher. formerly employed by James
e. Bradford brother-in law OF Col
| Duncan Brown Cooper that the state
brought 20 close one of the most SEN
sational days Of the trial of the three
| men accused OF the assassination of eX-
| Senator f. W. Carnlack
| A groan went through the courtroom
| as the crowd caught the import of the
| young woman's statement.
! Bradford. in testifying in behalf of the
defense Tuesday last said that his per-
| sonal relations with Senator Carmack
| had been friendly. although the two OF
! them had been opposed politically 1t
was through Bradford that the defense
| sought to prove that he had done every
| thing possible to prevent trouble between
| Col. Cooper and Senator Carmack Novem-
| Der 9.
! 1T would have shown hatred enough
| on the part of Bradford argued Attor-
ney General McCarn, IF he had said
while Senator Carmack was living that
| he regarded him as a snake. but for him
| to 60 to the grave and say of the dead
| hat n
| him like a snake shows the bitterest
hatred. Yet. it is this man. Bradford
who would have the jury believe that he
had been selected to bring about a rec
| onciliation as between Col. Cooper and
| Senator Carmack November 9 last
| Warned of a Threat
DIR. John A. Witherspoon who occu-
pied the same Offices with Dir. Louis
r. Burch. son-in-law of Col. Cooper,
| test flied 10 receiving telephone messa ga