The Montgomery advertiser., 1909-03-14


 General McCarn then took the first editorial which Cooper objected to-the one in The News -Scimitar of March 16. 1908, and which Colonel Cooper claimed he heard Carmack had written.
 That editorial was not written by Carmack. and they knew it. They introduced 1t for one purpose. and that was because 1t attacked Governor Pat tsrson. and they hoped to reach you men on the jury who are and we're sup porters of the Governor. But I do not believe they will succeed, gentlemen. Assails to Defense.
 General McCarn assailed the de- fense for trying to make the case political issue and declared that Wash cal speech. He denounced Washington for assailing Carmack's name. and de- clared 1t must have taken 8 big fee to talk about a dead man that way. There are some men at this bar that you could not hire to talk that wy about a dead man. whether they liked him or hated him. And they have never had . big case. either. General Meeks got up here and sald Don't sue a man for libel, because all you can get will be a judgment not worth e chew of tobacco Now that is funny advice for a lawyer to give layman. Why, gentlemen, that Is what court houses are built for, and Q judg- ment against . poor man, which he cannot satisfy is more humiliating to him than all the things he could say about you, would be to you. And If Carmack died for that editorial he died for something that he never wrote. St. Paul said that some men are so vicious that they'd believe a lie and be damned for 1t. If he were alive today he'd say l tn csc men would believe a lie and be | hanged for 1t
 And then comes the editorial of Oc- tober 1. Now there Is nothing In this 1 that a man should be killed for. He might be sent to the penitentiary for | life. though. This editorial refers to l the trading of Bryan for Patterson and mentions oCooper's name with others | It had a right to do 1t. What If one | of them were a dive keeper? We know he was in politics. Cooper says he was | in politics. and every witness who tes- | tified always found him at Democrati~ I headquarters Now if Cooper associ ated in politics with dive-keepers and | gamblers he had no right to resent the | coupling of his name with theirs" Then General McCarn got after The American, the Cooper organ. as he said: There are some newspapers that are rather sensitive. There is one so- called high class journal here. which dairy writes editorials tearing to pieces men who go upon the stand and tell the truth. Young women arc not se- cure from these attacks. neither are mere children. That is all right but you mustn't criticise Colonel Dune. Cooper. he's a spark from the expiring embers of the old Southern chivalry. We will attack whom we please, but no one must attack Dune. Cooper. Now isn't that nice theory for a high class newspaper?
 Next we find the editorial of Octo- Der 23, which attacks the machine and tt does not mentio1s Colonel Cooper's name. But he got mad! Why? Be- cause his name wasn't mentioned? Why he reminds me of the fellow who want to sleep and some friends smeared limburger cheese on his mustache He woke up and went out to get some fresh air. But everywhere he went there was the same smell. So he came back to the saloon and said: Amt 1t rottenT Whats rottenT asked the bartender. Why, the whole world. can't you smell it?' That is what Col onel Duncan Cooper thought. Every man he has introduced here either new CT read the editorial or did not consid- CT 1t offensive. Yet he smells 1t!
 N"Across the Muddy Chasm."
 "rhen c6mes the editorial of Novem- per Q, ACTOSS the CnaSHl-tn6 reconciliation of Cox and Patterson. Gentlemen, at the instant Carmack was falling dead, at the very second the smoking pistol of the assassin was be- ing put Into his pocket. Governor Cox and Governor Patterson were in inti- mate conversation not 500 feet away. And this fact shows that the editorial was true and that Cooper knew 1t was so. Yet, after admitting hat the re- "a fnr 1a AA wants to kill a man for giving him credit for bringing 1t about.
 We have heard a good deal of talk about the failure to send the note. Now. don't know how 1t seems to you but when a man says If you do a cer- tain thing, one of you must die, and you do It, you do not need to wait for a note. do you?
 Well. Carmack uses Colonel Cooper's name again, twelve hours after he gets Cooper's message that if he does use 1t again one of them must die.' He had right to use that name. The law says he may. He used 1t In humor- ous way and there was not a man in Davidson County who read 1t who did not enjoy 1t. If he had charged him with an infamy,. why 1t would have been different.
 There has been a contention here that Carmack defamed Cooper. Why, gentlemen, Carmack knew that Cooper defaulted and embedded as master in chancery years before. If he had wanted to defame Cooper. why could he not have printed these facts? No, gentlemen, there is> no defamation of Cooper In anything Carmack ever wrote. We come to November 9. What an eventful day that was. Do you re- member the wall of this poor widow when l asked her when she had last heard from her husband? Do vou re- oh, my God! my God" as that awful day was recalled to her?
 "The defense asks you to turn these defendants loose in the name of justice. And they say that If you do not that your children will be ashamed of you. Listen, gentlemen. If you do turn them loose. how will you explain to your daughters how you turned man loose who sent word to another man that if he did a certain thing he would kill him and who did kill him? Can you explain 1t?
 These lawyers seem worried be- cause we failed to put Mrs. Burch on the stand. Now, why should we? We proved what we wanted by Mrs. Burch's maid. And do you think that anyone with the beautiful. truthful. devoted features of Mrs. Burch. would enjoy going on the stand and contradicting her father? You know she would not. But promise you that If she had gone on, I would never had questioned her. would never have referred to Ter story as a cock and bull story And if anyone of my associate counsel had dared to do SO I would have thrown him out of the court room. Yet my