The Topeka state journal., 1909-02-26
CARMACK'S GUN
Is Offered in Evidence in the
Cooper Trial.
Identified by the Man Who
Loaned 1t to Him.
INTEREST is GROWING
Many Eager Spectators Bring
Their Lunch Boxes.
One Old Lady Appears in Court
Room With knitting.
INTEREST is GROWING

| Nashville, Tenn. Feb. 26.-The states
attack in the Carmack murder trial
upon the integrity of Col. Cooper took
the defense by surprise, but they soon
had special agents at work and last
| night several men from various points
in the state arrived-men presumed to
be able to throw some light upon the
charges. These were in conference
with the defense's attorneys before
| court opened today.
The states attorneys were not less
occupied. The decision of the defense
to put Governor Patterson and Ad-
Jutant TuIly Brown upon the stand
caused the states counsel to go over
the stenographic report of the entire
testimony and every reference to Gov
ernor Patterson and General Brown
was transcribed for reference in cross
examination.
At least two of the states counsel
are bitter political enemies of Patter-
son and 1t is anticipated that no pains
Will be spared to embarraSs the chief
executive The crowds which attended
the trial today were as large as ever
and lunch boxes have become the rule.
One old lady brought her knitting.
She arrived early and passed the time
busily clicking her long needles.
When court opened, Col, Cooper re-
sumed the stand and said:
L WISH TO make one statement. My
testimony yesterday as to helping an
old soldier with money, as I read it in
the stenographer's transcript this
morning, was misunderstood and I am
from my farm. 1 gave only $50 of it to
the old soldier. but evidently every one
thought 1 said s1,o5O. That's ALL"
Cooper Stands Aside.
Proceed, gentlemen said the court.
That's ALL" said General Washing
ton. STAND aside.''
I'VE want to use Sergeant Meadows
next" said Judge Anderson, for the
defense His daughter was just oper-
ated upon and he will be here in 20
minutes. viii the court indulge us
that long?"
1--WE would like if the defense would
furnish US with list of it's witnesses"
said Attorney Garner of the states
counsel
PEELED to ask for time after each wit
ness has been examined by the de-
fense.'
81 wish to say too" said Judge
Anderson, that we will give the state
a list of our witnesses within ten min
utes. Is that all you want?'
'AIl I want right now" said Gar
ner.
A long delay followed and Sergeant
Meadows did not arrive So the de-
er, United States army, who found the
revolver near Carmack'S body He
said he had just left the club a block
away from the tragedy, the afternoon
of the killing and saw crowd. He
went up and found Senator Carmack
lying in the gutter. face down, his left
shoulder higher than his right, his
feet to the south.
did you see pistol?''
Eyes sir, that attracted my atten-
ton. A boy was standing on Mr.. Car
mack's coat. I made him get off and
then picked up the revolver"
Where was IT."
Senator Carmack's right hand was
extended and the revolver was eight
inches from the hand"
"Did you pick it up?"
"I did and broke it,
Major Vertrees Called.
Major W. o. Vertrees, who was of
the National Guard and saw service
in Cuba, was called. He knew Robin
Cooper and was trying suit in chan
Gerry court with Robin Cooper the day
Of the tragedy. He told how he went
to court and waited for Robin: He
arrived at 1 p. M. and said; i am
sorry to have detained you, but had
a matter I could not leave for any
lawsuit. I will tell you about it later
Witness said on Sunday night Park
Marshall called him on the phone and
said Senator Carmack wanted him.
"I went to Senator Carmack's Of |
fee about 1920 p. m. in the Tennes-
seean offices"
What did Senator Carmack ask of
7ou?"
He said he wanted a revolver and !
loaned him mine
WAS 1t loaded in every chamber?'
''It was"
The witness held the revolver found |
lear the body of Senator Carmack.
when did you see it again?'
After the application for bail, in
he presence of the attorney general
had told the attorney general 1 had |
ind wanted to know If the revolver
ound near his body was mine. I met
he attorney general and identified the
sun."
yes, sir; was his best man at his
Wedding"
At this Mrs. Carmack turned to her
lister, buried her head on her shoulder
WAS Mr.. Marshall acting as Senator
,armack's agent when he telephoned |
-ou that Sunday night ?''
4I do not know. He said Ed Craig |
zee me-"
Tell the jury what Senator Carmack
aid that night and what his manner
nd appearance We're"
Jury Sent Out
The defense objected and the jury
vas sent from the room at the states
equest.
Nov" said the court. "Iet the ma
or tell all about the meeting and let
ne Judge
II went into the office. The senator
vas alone. I told him I understood he
Wished to see me, and he said YES
Then he said in substance:
g I have received a threatening mes
age from Col. Cooper who said that
used his name again one or the