The Montgomery advertiser., 1909-03-13

mouthed oonsyirators I ever saw They yell out their purpose. The will get him." They meet their fel low consprrator in the Arcsde.s tn most frsqusnted place in, Nashville On they %. and at Union street an, Seventh avenue. they announce again in the hearing of Carey Folk when Colonel Cooper is supposed t have said: No, HI stay hers awhil yet Now. Carey Folk did not knov there was going to be . Killing. ., his memory. What he did hear wal Robin. in front. turning and seeini Carmack. saying to his father 1hurr! up. papa and the old colonel tires by the long pull up the hill. retortinf testify, Well, wait c minute That the way all three defendants tell it and they are telling the truth.
 Mssting Was Accidenfal.
 T do not believe will insult yotr in. telltgence by arguing that this meet ing was anything except Accidental believe you know that if Robin had not given his fathers arm a nervous ] pull to hurry him along in his ef- forts to prevent meeting, there would have been no tragedy. It iS very evident to any one who has heard the testimony.
 They have told you that Colonel Cooper had no right to cross that street and address Carmack. that he committed an overt act when he did so tell you he had . right. Of course if he went over there to provoke a dimculty and. in the resulting Idifh- culty, to kill Carmack. he would have had no right. But even If he had made threats. even If he were armed. he | had a right there. If a man attacks and abuses you, you have a right to seek him out and to talk to him. and if you. onz a peaceful mission. are assaulted by your adversary. you to the length of killing your op- ] ponent.
 your interpretation you put on Col onel Coopers action depends upon his l character and his purpose in going ] over there. not on the fact that he did go over there. If Robin Cooper had | gone over there and struck Senator Carmack with his fist. and if. after be- ing struck. Senator Carmack had drawn a revolver. Robin Cooper would have had legal and moral right to kill Carmack. That, gentlemen. Is the law of this State"
 Judge Anderson then devoted nearly an hour to quoting decisions, reading In many instances. the entire case re, ported.
 When a man has abused you and you go to him and demand that he | stop It, and you fear you may offend him and that he may assault you" de- clared Anderson. you have a right to put pistol in your pocket. You have right to go to him to protest and demand. If you have this right and the law says you have, then you nave right to defend yourself. if in the exercise of that right. your op- ponent assaults you. Gentlemen. the law Is plain. The Coopers had a right not only to seek Carmack out, but they had right to seek him out armed | and to defend themselves if he at- | tempted to assault them They only exercisNA their legal right and their l every act was within the law.
 T propose now to discuss Mrs. Eastman's testimony and to show you | why 1t Is not accurate Not that believe that Mrs. Eastman did not be- lieve every word she said. There are several things that affect the credit ability of the witness. her memory. her ability to observe. her condition mentally when she witnessed the sxsnt; siSsrt" All these things we must con
 Judge Anderson then read many opinions on the value of testimony ana showed that jury may weigh a witnesses memory and creditability 1 integrity He'
 Why. gentlemen. most of us are honest. but many of us. while honest are often mistaken in what we .av We may have defective memory o, ueiective vision. Our hearing may he oad' We may be excited and star+,ed and lose much of what is happeninpS All these thiss may happen to all oi integrity. 4o'eiy our
 Now. Mrs. Eastman says sba ,..,s Coionei Cooper say T have tbe 4ron on you. What does that mean, It means that you have a man In vour power. that you have your gun nointed sl nim- Did Colonel Cooper have inc nrop on him? Mrs. Eastman herself says cooper had no pistol
 1 Tribute to Mrs. Esafp,ar
 Mrs. Eastman is a beautiful ar a~ quisitely beautiful and surpassin gIv charming woman. yield to m ons Tn my admiration for her. But sbe is ueHcate, nervous. excitable woman Let us see some things Mrs. Easttna n oid not see. She did not see Robin at aii uhul t was nearly over. She did l AOOpcT T6VOlVer vet he says himself he had 1t drawn Sbs says Carmack reeled staggered out into the street and fell. It could not nave happened. gentlemen. If he had reeied and staggered out in the street he would have fallen that way. his mead nor to the north. as he was round. but with his head to the east She says she did not see Senator Car mack fire. yet we know that he did. And still believe that Mrs Eas believes every word she told you about what she saw. She thinks she saw if but she was excited and frightened and nervous.
 T want to say to you that there is no place in a big law suit for a lie. Robin Cooper if he had told anything but the truth, would never have been able to make his story fit in with the | physical facts in the case, vet it its every single detail even with the de- veIopments brought out by the State ''
 Judge Anderson then analysed Rob- l in's story and declared every word of 1t was reasonable. He showed that the boy could have been standing as he said he was. on the pavement above Senator Carmack. who was in the gut ter and received the wound in the shoulder from between the poles. The 1 wound ranged slightly upward.
 These heart wounds seem to be joke these days. The doctors tell you that man can be shot through the heart the lights and liver and it is only a | healthy exercise. But seriously. the doctors who testined that such cases are reported, also testified that they are rare. that they themselves never saw one. Let us see. We find two through the back of the neck. con l tend that the latter one was tba Yo.