Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-03-16
The MURDER OF CARMACK.
[continued from First Page.l

[Continued from First Page.]
Gentlemen, at the instant Carmack was
falling dead, Governor Cox and Gov
ernor Patterson were In intimate con-
versation not five hundred feet away.
And this fact shows that the editorial
was true and that Cooper knew 1t was
so.
I'VE have heard good deal Of talk
about the failure to send the note.
When a man says II you do a certain
thing one Of you must die, and you do
1t, you do not need to walt for q note,
do you?
There has been contention here
that Carmack DETAINED Cooper, why,
gentlemen, Carmack knew that Cooper
defaulted and embezzled as master In
chancery years before. II he had
wanted to defame Cooper, why could
he not have printed these factsw
Referring to the states failure to
put Mrs. Burch on the stand, McCarn
said the state had proved what 1t
wanted to by Mrs. Burch's maid, and
he added:
But I promise you that If she had
gone on I would never have referred
to her story as a cock and bull story
Yet my distinguished friend, Washing
ton, asked Mrs. Eastman IL she shot
any one that day. And he prates Of
southern chivalry."
Counsel has described how crippled
the old colonel was and how he could
not shoot. But the colonel did not say
he could not shoot. He did not tell
Robin he could not shoot. He pulled q
gun and said: I have this to defend
me- AS matter of fact, gentlemen,
he could shoot. Look, here Is his pis-
tol. I turn my two fingers under as
his were and see how easily and rap
idly can shoot with the thumb and
first and second fingers"
Gen. McCarn launched into an elo-
quent defense Of Miss Lee.
"They say they took Col. Cooper
down to Bradford's office to cool off.
Why, gentlemen, you might as well
talk Of turning Vesuvius upside down
Bradford's office to cool off-the Office
Of the man who said he could have
killed Carmack with as little remorse
as he would kill rattlesnake. But
they say only Miss Lee claims he said
this, and they attack Miss Lee. And
she sacrificed her home, her position,
her mothers living to tell the truth.
He defended the little newsboy,
Johnnie Tyndall and claimed the boy
was corroborated in his statement
that he heard Col. Cooper say: 1--WE
will get him." by Col. Cooper himself.
"Of course, they did not want to meet
Carmack on Church street, there would
have been fifty witnesses there, and
they only needed one. So they decid-
ed to go up Union street, 7th avenue.
"They say It was cruel persecution
to have John Sharpe indicted. Do you
think It Is pleasant for me to stand
here and ask you to convict Of MUIR
der in the first degree the brother OF
the clerk Of this court, who has been
my friend for years?
John Sharpe was taken along for a
purpose-to witness that killing, and
he filed his purpose. They say he put
himself in position where he could
not see It.
"Why, I know John Sharpe well
enough to know that II he had been
there honestly or accidentally he would
have done what you would do or I
would do, he would have run back,
not walk, to where Carmack was ly-
ing. Why, his friend had been shot,
and his other friend was In trouble.
But he was confused by his guilt, and
when Miss Skefflngton suddenly con-
fronted him and asked what II was, he
blurted out the truth-it Is Dune Coop
er shooting Carmack' He refused to
tell any one what he knew, refused to
describe the tragedy. Is that the act
Of an innocent man? No. 1t is the act
Of a defendant after he has been in
structed by a clever attorney. These
facts here show beyond reasonable
doubt that Sharpe was an accessory
before the fact"
Gen. McCarn placed two rolls Of
wire fence upon the floor to represent
the telephone poles and demonstrated
to the jury how the defendants say the
shooting took place. This story, he
claimed was contradicted absolutely
by the physical facts. He called Gar
ner over to assume the position that
Robin says Carmack took.
He showed that two wounds through
the heart were downward. The de-
fense claims they were inflicted first.
McCarn argued that they could not
have been, that they were inflicted
when Carmack was falling, as they
ranged so directly downward. Then he
had Garner turn his head to demon
strate that a third shot fired by Ro-
bin after the two bullets near the
heart could not have passed into the
back Of Carmack's neck through the
spinal cord.
Robin Cooper never came west OF
these posts" said McCarn. He came
In from the rear, while his father
attracted Carmack's attention. II he
had come in as he said he did Mrs.
Eastman would have seen him, for he
would have passed directly in her line
Of vision"
T do not know how it was done,
but 1 believe this 27-year-old boy, a
graduate Of law, nine years In the Of
flee Of the biggest lawyers In the state,
with beautiful sisters and tender fos-
termother, with q thousand years OF
blue blood and breeding, with an an
cestor standing in front of him, delib-
erately shot a man in the back OF the
neck, and shot him again as he fell.
That Is what breeding does for a
man."
McCarn then used Garner in a dem
onstration of what the state claims
would have happened had the bullet
struck Carmack In the back Of the
neck as he fell. The bullets course,
he said, would be through the head
and not straight through the neck, and
out under the tongue, the course the
bullet took. The position Of Carmack's
body, after he fell, McCarn argued,
precluded the story that he turned
around so as to be shot in the manner
claimed by the defense.
And we know Of that scabbard, too.
for we went up twice and searched for
it, but we could not find it, and we did
not find 1t until 1t was drawn out on
the stand. Somebody else knew about
It, the Coopers and John Sharpe knew
Of it. Why should not they? They are
not ordinary prisoners. They do not
have to stay in cells. They talk to
their friends at any time without an
officers presence, contrary to the laws
Of Tennessee. The scabbard, we think
was left in Carmack's hip pocket In his
trousers. But Binning put the revol-
yer in Carmack's overcoat pocket, gen.
tlemen."
Gen. McCarn described how Col.
Cooper had called his daughter, Mrs.
Burch, and said:
Its all over. Robin has killed Car
mack"
He argued that this expression indi-
Gated that the defendants knew what
they went out to do, and they an
nounced the consummation Of the deed
with the expression ut Is all over
After ridiculing Binning for rev
minutes, McCarn asked leave to finish
on Monday, and his request was
pfod