The Montgomery advertiser., 1909-02-26

ASos kHs ho SA0hRAAS scimitsr editorial of March Is. 1908" But you said today that the editor of that paper now said he wrote IL, not Carmack 2" ~
 But I do not believe 1t. I think and believe that Carmack wrote it."
 The state took the editorial. sem tence by sentence and asked the wit ness's explanation of how 1t was o. fensive. He said every word was off, fensive.
 "Did you go to Louisville July 23 last to meet Governor CoxT'
 "I did not. I have not been to Louisville in . year."
 "Did you go to Pulaski, Va. to meet Governor CoxT'
 q met Governor Cox there at his request last summer to help him in his campaign for the Senate"
 Did you bring about the reconciiia- tion7"
 No. sir. It was brougha about by Cox and Patterson, themselves and 1t was arranged by letters7"
 "What was there in this editorial to make you want to take human IifeT'
 Nothing on earth would make me want to take human life except in defense of my own"
 Do you think anything in any ed- ltorial 1ustnes murderE
 Nothing ever written justifes talk ing human life.'
 Col. Cooper Excited.
 The State then took up the colonefs story at the time he left his home the morning of the tragedy andN ques- tioned him very searchingly as to every move he made upon that me- morable day. The witness denied ever calling Carmack the vile names Miss Lee sYore she heard Colonel Cooper apply to the editor. Fitzhugh's ques- tions came faster and were pitched In a high key. The witness, cool at first, became more excited and sever al times his voice broke as he angrily denied the charges made by earlier witnesses for the State. He mopped his forehead with his handkerchief and tugged at his sparse gray mus tache, moving restlessly in his chair. The State seemed to realize the aged mans condition. for despite the pro- tests of the opposing counsel and the directions of the judge. questions often those ruled out-were repeated. The witness was asked If he did not usually walk to the Governors man. sion up the alley. He denied 1t but said he had used 1t in very hot weath- CT because 1t was shady.
 Wouldn't that be a good route to take to avoid meeting Senator Car mack?"
 Ut would be good route to so to avoid anyone"
 Did you gamble, Colonel?"
 Very often. MT. Fitzhugh, just as you do." (Much laughter.)
 And for large sumsT"
 "We1, that depends upon what one means by large sums I have lost more than I ever won"
 That is one of your business meth ods7'
 "It is the lack of business sense, I think"
 Did you ever plead the statute of limitations to avoid paying your debts?"
 No. sir. but sh hould explain"
 Judge Anderson interposed a spir- plea for protection of the witness from such cross examination.
 "I wish to say" said the witness. that once while I was away, my at- torneys filed such a plea. wired them to withdraw it."
 Did you ever pay that debt?"
 The defense objected and was sus- tained.
 The State next went back to the scene of the killing. Evidently 1t was jumping around to confuse the witness
 You determined to avoid MT. Car mack. but all of a sudden you chang ed your mind and started over to see the Senatof?"
 "Exactly-a sudden impulse"
 You thought you would talk 1t over2" "Yes, and settle It."
 You knew you would settle 1t some how, eh?" A Peaceable Settlement.
 Now don't put meaning on that I don't intend. MT. Fitzhugh. I had only one meaning for settle it., that was a peaceable settlement"
 "Stll you said if a man sent you the message you sent Carmack you would cease the attacks or prepare yourself for trouble7"
 "No. sir. l said prepare myself to meet him."
 But you did prepare yourselfT T did but I didn't think there would be any trouble unless I com mitted some overt act and I did noth- ing to justify Senator Carmack in drawing on me-"
 You say Senator Carmack did not stop to talk to Mrs. Eastman" | No. sir. He merely tipped his hat and started to pass on, he had not stopped"
 He used his right hand to raise his hat?"
 T assume so. I do not recall wheth- CT he did or not"
 When you spoke he reached for his revolver"
 He did. He reached into his over- coat pocket"
 Then what?"
 ''He pulled 1t out with his right hand and put his left over to the same pocket. Then he stepped behind Mrs. Eastman.
 And aimed at you?'
 Well. in my direction but the East mans were between us. Then he moved over to the posts."
 Did you tell him to get from be- hind the woman"
 No, sir. I said, It's damned cow revolver in your hand
 You didn't say. 'Carmack. we want no diff1culty? "
 No. sir"
 You had time to say it while you were calling him a coward?" T presume so."
 All this time Senator Carmack had the revolver out but made no effort to shoot you?" 'I do not know what he was doing when he got behind the post. The movement was very rapid"
 What prevented his firing any timer" 1 God knows, I don't. There was nothing to prevent me from firing too. as had my gun out. He was getting behind the posts and I didn't realize that they were a breastworks." "