Evening star., 1909-03-11
"HE HAD RIGHT TO Be-
"What You Would Have Done I'm
der Similar Circumstances
NOT A MURDERER, HE ASSERTS
Comedies That Some Of the State
ments in Defense May or May
Not Be True.

Not Be True.
NASHVILLE, Tenn. March 1.-THE
attendance today at the Cooper Sharp
trial for the shaving of former United
States Senator Carmack showed a de-
crease at the opening hour When Gen.
Washington resumed his argument for
the defense there were many vacant
seats
These filled up. however. as the day ad
vanced But there was not nearly the
demand for admission that made yester-
day the red letter day.
Mrs. Lucius Burch. Robin Coopers
sister, who collapsed yesterday. was in
court today, bravely attempting to cheer
and encourage her brother. Mrs. Car
mack did not appear. She was too ill
to leave her room.
Washington Resumes Plea.
When court adjourned yesterday aft
ernoon." said Gen. Washington. I'VE had
reached the point when Carmack had
become an editor The position Of editor
is an important one. 1t rises with the
ability and Importance of the man.
eff he be competent. the people con-
tent themselves with reading the news
and advertisements and care nothing
| for the editorials But when a man Of
national reputation emblazons his name
| at the head Of the paper then people
| do read and believe.
! "The campaign came on. Col Cooper
was not a candidate for any office. Gov
Patterson was"
| Gen. Washington came to the editorial
| of October 81. He admitted that Car
mack had right to write an editorial
about public men.
But when he stepped over the bounds"
said Gen. Washington. "and began an at
tack upon private citizen he exceeded
his rights. The state would have you be-
lieve that these editorials were harmless.
| "Oh, yes 1t is all right to put John
Smith, or Bill Jones. or Sam Browns
name into a paper on the same page with
the name of horse thief or a convict.
And it's all right. But when they put
your name in that position, why. it does
make a difference.
IF you have any red blood In your
veins you are going to resent it. 1t makes
all the difference in the world whose OK
| is gored.'
Editorials Are Considered.
! Gen. Washington devoted nearly an hour
to denunciation OF the Carmack editorial
of October 21 This editorial calls atten-
ton to a statement In the American from
Ripley. which said that Patterson men
were advocating trading Bryan for Pat
terson votes. Then the editorial called
''the attention of the Hon. Ban Murray.
the Hon. Dune Cooper. the Hon. Max
Hartman and the Hon. Sol Cohen to this
report.
! Washington vigorously explained that
two OF the honorables named were dis
| reputables, and that when Carmack as
ISOLATED Col. Cooper's name with theirs
| he committed the gravest offense man
| could commit, and affronted and insulted
| Cooper beyond endurance.
But the state says no editorial ever
written justifies killing a man. We agree
that this is true. We are only trying to
show how they aroused Col. Cooper s
anger. and to explain his mental condi-
| tion.
I'VE contend gentlemen. that Col. Coop
er had as much right on eth avenue that
day as Carmack had. And Col. Cooper
! had right to go up to Carnack and de-
mand that these filthy attacks upon him
he stopped-just as 1 believe any man on
this jury would have done.
But Col. Cooper said nothing until the
election was over. He thought when
Patterson was elected that the assaults
and mud-slinging would cease.
But, Sunday. November s, there ap-
peared the editorial. Gross the Muddy
Chasm.' That was the straw that broke
| the camers back. You can pile things
on bridge, you know. until finally the
1
THE state says this is only a ridiculinG
editorial. Well. what of it? You can
drive man insane with ridicule. You
| can send mans son into a frenzy by
| ridicule. And ridicule is libelous and pun
| ishable with Imprisonment.
Had a Right to Be Angry.
Now Carmack refers to Col Cooper as
major When he wrote Col. Cooper as a
friend he called him colonel When he
wrote the valedictory editorial in the
American he called him colonel. But wher
he wants to insult and degrade him he
calls him major 1t was gratuitous
insult"
Gen. Washington read the ACROSS the
Muddy Chasm'' editorial and laid specia
stress upon the frequent use Of the
word major instead of colonel anG
called the jurors attention to it.
"He used Col. COoper's name severa
times in this editorial, gentlemen the
speaker shouted, -four times in blacl
type. The colonel was angry. He had d
right to be. His family were ashamed
his friends annoyed. his name was ban
died over the state.
Washington here repeated the soliloquy
now is the winter of our discomfort,
from Shakespeare's Richard III, will
great declamatory effect.
! This man was wild with anger owe,
the insults. He wanted to do something
he knew not what. But tha: man is nt
murderer. you know it. Murder does no
run in that breed that aristocratic ole
blue blooded family.
They say he had malice in his heart
II you went home and found your wife
and daughter dead and the murderer al
large in the neighborhood. and you seizet
your gun and went out to kill that mur
derer would you have malice in your
heart?
Interview With Craig.
"He has an engagement with Craig
about a debt he owes Craig. He tells
Craig he has not the money just now
Then, knowing Craig is friend Of Car
mack he tells Craig of the insult. Ant
he uses violent language. So would yo,
any one Of you.
Gentlemen tell you you will not put
the moose around the neck of any mar
for doing what you would have done