The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-16

al argument for the defence. He
said in opening:
"The deceased was great man, a
United States Senator, and man Of
national prominence. The defendants
are known all over the State. Sena-
tor Carmack had the same right TO
live that the humblest citizen had to
live, no more and no less. And Rob-
in Cooper had the same right to kill
Carmack as the poorest and humblest
citizen of the State had to kill man
in self-defence. And that is why
the case is great one.'
Anderson touched tactfully upon
the attacks made by the State upon
the credibility of certain witnesses
for the defence. ''I heard during
this trial something I never heard be-
fore in a court Of justice. l. heard
the lawyer for the State charge Gen.
Meeks with wilfully falsifying the re-
cord.'
He said Meeks would not do such
thing. He then referred to the occas-
ion when Gen. Meeks quoted from the
testimony of Governor Patterson,
which the court excluded, adding:
IT am going to be more charitable
to Gen. Garner than he was to Gen.
Meeks, and say, I believe he was mis-
! taken.''
FAnd Gen. Garner says, too, that
we say Mrs. Eastman lied. You
know that is false. There is no man
on the defence who would be guilty
of such ungentlemanly and unethical
conduct.
"Those of you who know my per-
sonal and political fondness for Sen
ator Carmack know that I regretted
his death. My sineerest prayer is that
the God of the widow and the orphan
will tenderly guard the gentle woman
and the beautiful boy, who are left to
mourn.
Carmack Had Revolver.
"The State cannot dispute" he
said, "that Carmack had a revolver
secured from Major Vertrees, that he
had it at the moment of his meeting
with the Coopers, that he drew that
revolver and that he fired it. No one
can say that Carmack had right to
draw or fire that pistol. The State
insinuates that an honorable and hon.
est young man, a retired army officer,
tampered with the Carmaek revolver
or substituted discharged shells for
loaded ones. I Will prove to you that
Senator Carmack brought on the diff
Guilty that ended in his DEATH" With
this preface Anderson traced early
relations between Cooper and Car
mack, and said:
"There was debt owed by Car
mack to Cooper-not money, but the
debt that hurts and stings and burns
when its payment is 'withheld-the
debt of gratitude.' -
Judge Anderson recounted the
story of Carmack's youth, Cooper's
patronage, the political success Of the
dead man, the continued friendship
Of the pair, the political campaign of
|Carmack and Taylor, the break IN
the friendship and the quarrel that
ended in the killing.
Editorials Do Not Justify Murder.
"There is no contention that editor
ial utterances ever Justify the taking
of human life. It has been charged
that Gen. Meeks has applied the un-
written law to this case. Now as ]
understand it, Gen. Meeks simply said
J that men had been killed for less Of
fence, was it not, general?"
Gen. Meeks nodded gravely in as
sent.
Judge Anderson next took up the
editorials, referring to certain para
graphs as "poisoned arrows" " He
said Col. Cooper was justified in de-
manding Of Carmack "that the oAen-
sive use of his name should cease
"Did YOU ever listen to more with
ering sarcasm, more biting scorn,
more poisonous innuendo than in
these editorials written by the great
est master of invective that the South
has produced?": asked Anderson.
Cooper, he said, determined that
these attacks should cease, so he