The Montgomery advertiser., 1909-03-07
Speeches Will Begin
 Monday. NO TIME LIMIT FOR
 COUNSEIL0 L0RS-AT-LAW Verdict Expected Before End of the
 Week. Jurors Hall ConcIusion With Joy and Give Vent To Cheerfng-Last Day Of witness-hearing Not
 Fruitful Of Interest.

Nashville, Tenn. March s.--After short session today both State and de- fense closed in the case against Col. D. B. Cooper, Robin J. Cooper and John D. Sharp for the murder of former Sen ator D. W. Carmack and the end or tne famous trial is in sight.
 The arguments. which begin on Mon day, are not restricted as to time but by agreement of counsel. only three lawyers will speak for each side. It IS not considered probable that any one of the attorneys win speak longer than one day so that even with this liberal allowance, the case should be in the jury's hands by the end of the next week.
 Captain Fitzhugh, of Memphis, will open the argument for the State He will be followed by General. William Washington for the defense. General J. B. Garner will speak next for the prosecution. Then will come General \ Weeks and Judge Anderson. of the de- fense while Attorney General McCarn will make the closing argument.
 There have been fourteen days of ac- tual testimony but nearly five weeks were spent selecting the jury so that the trial Is now nearing It's seventh week.
 The session today was very uninter- esting and little evidence was heard. Both sides introduced few witnesses in rebutta on the smaller points in the case and then went into conference. The State was willing to limit the time of argument to eight hours side but the defense declined to agree Sto any limit upon the speeches. Judge Hart tried to get stipulation on this auestion but was satisfied when both sides agreed to limit the speeches. to three each.
 Jury Gives Cheers. The Jurors rendered. impatient by the summer-like weather, the arrival Of planting time and fretting under the unwonted restrictions of guards and it1ose confinement. welcomed the end with every evidence of satisfaction and when they reach ed, their room after ad- tournament gave vent to their delight by cheering loudly.
 Before the first witness was called by the State today in the Cooper sharp trial for the staying of former Senator E. W. Carmack, Attorney Gen. eral Garner arose and said:
 "After a careful examination Of the record we find that no testimony was introduced as to the relative location of the telephone posts at the scene of the killing. The court agreed that if SuCn LeSLlulOny ndQ nut DCch thtbOauECQ we were to be permitted to prove it in. rebuttal."
 T believe that would be proper, Gen. eral," replied the court.
 Well, put in Judge Anderson, i've were able to find it. Mrs. Eastman testffed and so did Mir. Cole" ! Judge Anderson then read the testi- mony of these witnesses.
 General Garner replied that these bits of testimony were so scattered through the evidence and so disjointed that no juror could tell how these poles stood.
 The significance of the defense's ob- lection to the testimony lies In the fact that if the State gets its theory of the location of the poles before the jury it will be able to demonstrate that Senator Carmack could not have shot Robin Cooper by firing between the poles as the defendants say he did.
 The court said hes was inclined to think that the State had gone into the question enough.
 Then Captain Fitzhugh offered some photographs of the poles taken the day after the killing. These. too. were ex- cluded.
 c. H. Farrell Called.
 Then the State called c. H.. Farrell. Farrell is employed In The Tennessee an office and on the afternoon of the ktaSCoy o1W Sdi hhdCA Bo lhLO the uTuk store across the street. He went to the drug store a moment later.
 Was Carmack in the business office before he left the building that after. noon." asked General Garner.
 "He was not"
 "He was not in the business office ehen--how long were you there?"
 Prom 1 p. m. that day on."
 Binning, the man who was arrested for perjury, swore he saw Carmack in the business office of The Tennesseean that afternoon. This witness impeach- ed the man who was arrested for per- fury last night on this point. Gen erai Washington made frantic efforts to confuse Farrell. but failed.
 Mrs. G. H. Williams saw Senator Carmack at Church Street near Sev- enth Avenue a few moments before he was killed. She spoee to him and he helped her on the car. talking to her until the car arrived.
 "what did he talk about to your"