The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-03-12
WORD BATTLE IS ON
Lawyers in Arguments Be fore
Cooper Jury.
CAPT. FITZHUGH IN APPEAL
Attorney for State in Carmack Murder
Trial at Nashville, Tenn, Makes
Imprisoned Address-crowds Are
Warned Against Demonstration.

Nashville, Tenn, Mar. 9.-An i'm.
mense throng crowded the courtroom
where the Cooper-Sharp trial for the
murder of ex-United States Senator
Carmack is being held, to hear the
arguments in the case yesterday.
Capt. Fitzhugh, for the state, de-
livered an impassioned appeal. The
crowd behaved itself well and there
was no demonstration, the court hav.
ing warned the spectators against
such acts.
Capt. Fitzhugh described how on
Sunday night, November 8, Col. D.
B. Cooper was at the Tulane hotel to
meet E. B. Craig and how Cooper made
threats about Carmack to Craig and
how these threats were transmitted
to the dead senator.
Met on Personal Business.
"Col. Cooper met Craig on personal
business, but he pressed the business
on the side and revealed what was in
his black heart. He owed his friend
Craig money-he owed all his friends
money, and he never bothered about
But he broke out and said: II my
name appears in the Tennesseean
again, Carmack or 1 must die
Think of it, gentlemen, this man,
who is a self-confessed lobbyist for a
railroad; this man who is charged by
reputable men with having embezzled
money intrusted to his care; this man
whose name had been banded about
the state; this man whose dark and
devious eways have now been uncov-
cred, dared to send to an honest and
upright journalist the threat that if
his name appeared in the Tennesseean
again, one of them must die. Think
of it.
Says Cooper Admitted Statement.
"All these things had been printed
in other papers and Col. Cooper ad.
nlitted it. Yet he never grew angry
at any other editor-only Carmack.
But we come to the day before the
killing. Col. Cooper wrote some notes
but the defense does not produce
them. They lose them. There is no
original, but at last an alleged copy
of copy is produced for your inspec-
tion."
Fitzhugh went into detail on the
notes and then passed to the interview
with ex-Treasurer e. B. Craig.
You know Ed Craig is as honest a
man as ever lived. He swears Col.
Cooper said: If my name appears in
the Tennesseean again will kill Car
mack"
"I'll tell you, gentlemen, he had
to have some excuse for going out
and arming himself an hour later, and
the only excuse that would have even
semblance of justice was an implied
threat"
During the bitter arraignment of
Col. Cooper, the old defendant sat
quietly, with his eyes shut and his
hands folded as though asleep. Not
sc his daughters. Stately Mrs. Burch,
with tear-filled eyes, cast down, sat
with clasped hands close to her
brother. Mrs. Wilson, petite and act
i've, watched the prosecuting attorney
intently, her black eyes flashing an
grily.
Cooper's End Attained.
What neXt?" queried Capt. Fitz-
hugh. Cooper says Craig says he came
back and told him his name would not
appear. This would mean that Col
Cooper's end had been attained and
that the trouble was over. Yet
what does he do? He goes out
and arms himself with deadly
weapon. And where does he get it?
At the Tulane hotel. Where did Robin
get his revolver? At the Tulane
hotel Where did Cooper meet Craig?
At the Tulane hotel. Where is the
Tulane? Across the street from Sen
ator Carmack's Office. Anything sig