The Washington herald., 1909-03-14
MEN HAVE QUARREL
In CARMACK TRIAL
Friends Separate Sheriff and
State Attorney.
CHARGE TO JURY TOMORROW
ProSecutiHg Attorney SIcCarn Makes
M,S.erIy Plea for Conviction Of
Defense Had Previously Closed Its
Caze--JUstifcd Killing Argued.

Nashville. March I3-The interv vention
Of friends prevented the first real encoun-
ter In the trial Of Col Duncan 3. Cooper.
Robin Cooper. and John D. Sharp. for the
murder Of former United States Senator
Carmack. after court adjourned tonight.
Prosecuting Attorney Jeh McCarn and
Sheriff sam Boreum met in the corridor
just outside Of the court room. and Bor-
cum few at McCarn. demanding that he
take back certain statements that he had
made on the conduct OF the sheriTs of
fee in his final speech summing up FOR
the State
Boreum and McCarn are men OF ac-
lnowledged and proven gameness. and
when the sheriff shouted at the prosecu-
tor. You have made false statements.
ones that you know are untrue friends
Of both men jumped between them
Both Men Angry.
The remarks 70 which Boreum was OBJ
jecting were made just before court ad-
journed. when McCarn said:
These three men have been accorded
every privilege IN their confinement. and
their cells have been luxuriously fur
nished. Their friends have been admitted
at all times to see them. and they have
been together whenever they have wanted
to. clearly in violation Of the law. There
has been a great difference between the
treatment OF these quality folk and the
common felons who have offended against
the law"
McCarn vas fully as angry as Boreum.
and he faced his accuser.
Go slow, Sam: 60 slowi'' he shouted
Il have only stated what was in my
heart IN this matter. and it is backed up
by the law"
Friends Of both by this time had them
by the arms. and they were drawn apart
BOreum shouting as g final fling.
IF you viii cite me the law to sub
stantiate your statements, then I'll apollo
gize TO you But you know you cannot"
Wild RumOrs Started.
The episode started q lot OF wild rumors.
and the city has been In a turmoil ever
since. some Of the representatives going
so far as to say there had been q gun
play. The feeling beTween the factions
here has been greatly intensified as a re-
suit.
McCarn spent most OF to-day in sum-
ming up for the State. and when recess
was taken tonight until Monday morn
ing. he announced that he would not
finish his plea before noon on Monday.
Judge Hart VIII then charge the Jury,
and one OF the most noted lawsuits IN the
history OF the South will end
McCsrn's speech was a mastery effort
and his friends were not slow TO demon
strate their approval. the applause on
several occasions being so pronounced
that Judge Hart rebuked the spectators
and threatened to clear the court room.
These three men COnspired and mur.
dered one OF the South,s most brilliant
sons" McCarn declared 70 the iurv
They shot him down in cold blood send.
ing their dastardIy bullets into his bach
without giving him a dogs chance fol
his life All Tennessee looks 10 yoy
twelve men TO avenge this murder
Making a final imprisoned plea 70,
the acquittsl OF HIS clients. J. Mack An.
derson, former judge. and one Of the best.
known criminal lawyers IN the State
had previously closed his side OF ths
trial
In his argument, Anderson stuck en-
tirely 10 his self-defense contention. Hs
made II plain that he was both a friend
and supporter OF the dead Senator.
He went at great length into the Law
bearing on self-defense. citing numerou:
decisions Of the courts OF Tennessee de-
ining justihable homicide