The Birmingham age-herald., 1909-03-11

Wonderful Benning
 "Nigger in the Path"
 So right here. just for good measure,
 Benning throws in a nigger He sees the nigger in the path Suddenly he says the nigger seemed to disappear. Then little later he says the nigger was on the pave ment and he talks to him. Wonderful Benning
 But half dozen witnesses swear that neither Benning nor the negro was on the lot, and two reputable citizens-the , Carrolls-swear that Benning told them that if he had been five or 10 minutes later he would have seen the killing" Now, why did they introduce false tes- timony? An honest case does not need 1t.
 Now, I am sorry General Meeks re- ferred to that scabbard. I wished that both sides had been satisfied with their position. Now there is no doubt that the scabbard was in Senator Carmaclk's pos session the night before. But where has it been since? You have seen how rash General Washington was. He actually tried to cross-examne Mrs. Eastman And he actually tried to prove that the scab- bard was on the gun as Senator Car mack drew 1t; that he removed it with his left hand There Is no dispute that within a few seconds Senator Carmack was dead. Then, how in the name of God did 1t get back into that overcoat |, pocket?
 'I'll tell you somebody put that scab- bard there after the clothing had been searched three times. Why, I don't know. would like to know. though, why they are manufacturing evidence.
 Found the Bullet. Robin Cooper may have found a bullet in his bed. But it does not-cannot have come from the wound. But I do not care how many doctors say that bullet would wash and clean itself and come out of the wound and then get down in the bed where it was out of the way. I do not | care who says so, do not believe it. 1 Why do they put up such story? These things confound us. I have not | touched upon facts in the case on behalf of the state. have confined myself to | the defense's own testimony. but after ad- l Journment l will briefly address myself to the theory of the prosecution" | Court thereupon was adjourned until 1:30 p. m.
 l For the first time since the earliest 1 hearing in the case, Colonel Coopers | daughter, Mrs. Lucius Burch, was not at | the side of her brother when court opened , today. Her absence created decided sensation among court officials and reg l ular attendants at the trial It was an- 1 nounced that she was il, almost in a
 state of collapse. The power of concen- l tration displayed by this delicate girl | has been the marvel of every ono who | witnessed it. Not a sentence not a sylla- 1 ble; not the movement of an eyeild has
 escaped her. and counsel for the defense, l whose conferences she has regularly att | tended, say she has been of invaluable l assistance to them.
 | For several days Mrs. Burch has been 1 visibly nervous and i'll at ease and her
 collapse was not unexpected. Her con-
 dition however, is not serious Crowd Grows Larger. | After the luncheon adjournment the
 crowd, if anything, was larger than at
 the morning session Fully half were
 women. The aisles were crowded again
 and as Judge Hart noted the throags he remarked:
 q notice that some of the ladies are very crowded. But that is all right for all of you are old enough to be used to being squeezed"
 The laugh which followed was largely masculine. The women only blushed and
 smiled. The luncheon brigade was out in
 force and two negro janitors worked their way through the room picking up the scraps and bits of paper.
 We have now reached the point said
 Mr Garner, where 1t is our duty to
 discuss the testimony of the states wit
 nesses. We have discussed the testi-
 mony of the defense-every phase of
 it, except one-and upon that one phase | alone they are guilty.
 "On the witness stand Colonel Cooper
 said himself that he turned suddenly on
 Seventh avenue and approached Senator Carmack Now. should not Colonel Coop
 CT have told Senator Carmack of his
 change of purpose? It is the states theory that no such change of purpose ever took place. But if it had, it was the
 duty of Colonel Cooper to have notified 1 Senator Carmack of the change.
 Tt is law and common sense that no man shall put another in fear of assault | and approach him with an overt act. Colonel Cooper committed an overt act
 when he approached the senator in a
 threatening manner with no avowal of