The Montgomery advertiser., 1909-02-27

When Major vertrees was \excused. the State again asked for list Of the defenses witnesses. A list was handed to the Attorney General and the defense called R.. T. Creighton. civil engineer. who made plat of the scene of the crime and swore to the accuracy of his measurements. | The counsel for the State scanned the list of witnesses eagerly. but smiled | when they realized how incomplete 1t was. | Patterson Not On It. | The name of Governor Patterson was | not on 1t, neither was that of Adjutant General Fully Brown. The next witness was R. P. Siegen- thaler, city foreman of linemen for the Western Union. He removed one of
 the poles at the scene of the tragedy and took 1t to the storeh ouse. z He nothing of any bullet holes. He said MT. Ewing of the defense visited him once and asked that 1t be preserved. The State objected and the defense claimed that one of the States wit nesses declared 1t had been cut down secretly.
 The court sustained the objection and the witness was excused. l A. H. Wright, contractor. who got l finding no bullet holes although he looked for them. On cross-examination, Wright said the pole was curved and that it had many pieces cut from 1t by curiosity | seekers.
 Sandy Brown, the next witness, cor | roborated Colonel Cooper's story of his | trying a horse he wished to buy for his grand daughter the morning of | the tragedy. Blacksmith O'Brien and | pr. E. N. Brown, a veterinary. cor | roborated Brown and fixed the time at 10 a. m. Brown said he drove away with Colonel Cooper and was | stopped by negro servant In front | of Colonel Cooper's daughters home and that Colonel Cooper got out of | the buggy. This was after II o'clock. | The witness contradicted Miss Lee, | who said Colonel Cooper was In At- | torney Bradford's office about 10:30 or II o'clock the morning of Novem- | Der 9. O'Brien and Brown escaped
 cross examination, but pr. Brown was | asked as to what else he did that day.
 He could not remember anything.
 Thomas s. Hutchinson, police
 commissioner of Nashville. was call
 ed to tell of a meeting. with Colonel
 Cooper in the Tulane Hotel the night
 before the shooting at about 10 l o'clock.
 Did he ask you for anythlng?"
 "He did. He asked me for re-
 volver."<
 Did you lend him one?" | I did" .- "Is this your revolverT' The witness examined the nickel l plated gun which the officer took from Colonel Cooper and said: Ut is."
 Was 1t ever fired7"
 Never while in my possession" "Was 1t a new revolver?' Ut was"
 There was no cross examination.
 The defense next called T. Leigh Thompson. deputy State Insurance Commissioner, who got to the scene of the tragedy about five minutes after 1t occurred. He saw Carmack's body in the street, a pool of blood at hts mouth.
 What did you notice, If anything, In the pool of bloodr' "A bullet"
 "Dld you pick 1t up?"
 "I did not. A boy took 1t and hand ed 1t to me-
 Have you that bullet?"
 "Yes. sir. here 1t is.''
 Describe It." Steel Jacketed Bullet. "It Is a steel jacketed 32-calibre bull let. It has three indentations, one | near the tip of 1t, the others further back"
 Cross examined by General Garner. he said there was a crowd around the body when he arrived. He thought the blood near the head came from the mouth and that 1t was flowing when he reached the scene. The bullet was very close to the dead mans lips. was his mouth openT' "I do not remember, but I think it was open a little" Did you see a cigar between the fingers of his left hand?"
 "I saw a cigar near his hand or in his fingers. but I am not sure which," Close to his left hand?" Either in 1t or touching It." And his hands were where?" "The right hand above his head, his body turned on his right side and his left hand across his body. resting on the ground"
 Did you see the Senator that af- ternoon?"
 "Yes. sir. was in his ofice about 2:30 p. m.".
 Did you talk to him about a mes sage he got from Colonel CooperT
 The defense objected and was sus- tained.
 Did Mir. Carmack make any threats against Colonel Cooper" Again the defense's objection was | sustained.
 If threats made by the deceased were communicated to the defendants