The Montgomery advertiser., 1909-02-27
May Rule Out States
 Testimony. A LENGTHY AND BITTER ARGUMENT BETWEEN COUNSEL Revolvers in Case Are Identified
 by Owners. An Interesting Law Point Which Law yers Say Never Before Was Raised
 In Tennessee, Is De- cided by Judge

day of actual testimony in the Cooper sharp trial for the staying of former united States Senator E. W. Carmack, was marked by lengthy and bitter ar sument between opposing counsel and closed with a decided advantage for the defense
 At the same time, an interesting law point. one. lawyers say, never before was raised in Tennessee. was decided by Judge Hart. The defense, early in it's case-in-chief, offered proof that Col onei cooper was told by Edwin Craig, whom the Colonel had sent to see Sem ator Carmack. that Carmack was in an ugly humor." The defense's case was based upon this one expression, for Colonel Cooper and Robin both tes- tlned that they armed themselves be- cause they were led to believe from .nis remark that Senator Carmack might assault the elder Cooper.
 Now along comes the State and of fers to prove by two of the defense's s own witnesses. Mayor Ventrees and Assistant State Insurance Commission ed T. Leigh Thompson, that Senate, Carmack was not only not in an ugly humor. but laughed at the idea of trouoie and said he simply wanted to arm himself to relieve the anxiety or his friends
 The defense fought the admission of thls testimony with more vim and bit terness than has characterized any ar. gument since the trial began. Learned counsel offered two reasons why ir should be excluded. First. that tha state could cross-examine only on such matters as had been gone over In dt- rect examination. The court nromntIv rejected this theory Next, the defensc argued that unless all the conyersa- ton Of witnesses with Carmack as we'll as their observation of his man her and appearance had been commu- nicated to the defendants, the testi- mony was inadmissibe. They held that If these conversations and observ- ahons had been so communicated, they would throw some light upon the mem tai condition of the defendant. If they were not communicated they wouI1 snow only Senator Carmack's mental condition. and as the Senator was dead his mental condition would throw no light upon the subject
 Jury Is Excluded.
 In the question of Major Vertrees.s testimony, Judge Hart excluded the jury and permitted the State to ex anime the Major for the courts benefit He admitted all that the State said he would. that Carmack laughed at the idea of trouble. said he had done noth- ing to provoke it. and that he wanted revolver simply to satisfy his friends. The counsel on both sides ars gued and the court held with the de- fense.
 Later In the day. when T. Leigh Thompson was on the stand, almost the same question arose and the argumen, began anew. Judge Hart said he would render his decision tomorrow. but intimated that unless the State had dfGnnUnrad ot,fH support its contention. he would rule out the testimony.
 It was during this last argument that one of the most amusing incidents of the trial occurred. Judge Hart was listlessly and with a bored air toy ing with the revolver said to have been taken from Colonel Cooper the night of the killing. All at once, General Garner and General Washington began to indulge in personalities. The court sat up quickly, and thinking he held the judicial gavef in his hand, proceed ed to pound the table vigorously with the butt of the weapon.
 Everybody Uttered, the court blush ed, dropped the revolver and remarked: Now proceed with the law suit"
 The revolvers in the case played a prominent part today, and the testi- mony was much to the advantage of the defense. The prosecution has gone upon the theory. implied If not openly expressed, that the gun with the two empty shells found near Senator Car mack's body was in reslity Colonel Cooner's and that the revolver intro duced as Colonel Cooper's. which had not been discharged. was the one the dead Senator carried Major Nertrees bourever who loaned Senator Carmack the revolver. identified the one touho near his body. with two dischargeo shells. as the one he had loaned the Senator. Next. Police Commissioner rom Hutchinson identified the revol- yer which had not been fired as the one he loaned Colonel Cooper. .,
 The crowds which attend the l li this morning were as large as eVet' and lunch boxes have become the ui instead of the exception. One o!o iauy brought her knitting. She arrived early and passed the time ousliy clicking her needles.
 When court opened. Colonel Cooper resumed the stand and said:
 Cooper Makes Explanation
 "I wish to make one statement. My testimony yesterday as to helping an ola soldier with money, as read it In Inc stenographer's transcript this morning, was misunderstood and I am afraid 1t is my fault. I secured $1,05o from my farm. I gave only $50 of it to the old soldier but evidently every one thought said $1,050. That's all"
 "Proceed. gentlemen" said the court.
 That's all" said General Washing ton, stand aside
 We want to use Sergeant Meadows next" said Judge Anderson. for the defense. His daughter was just operated upon and he will be here in twenty minutes. Will the court in- dulge us that long?"
 "The court will.'
 ,ryo,1l5 like dafeDsa xvnuld furnish us with list of its witnesses" said Attorney Garner. of the states counsel If they do not. We will be compelled to ask for time after each witness has been examined by the de- tense."
 We will say that one witness will be pr Glasgow" said General Wash | lngton.
 "Of course" said General Garner. "General Washington knows that Dr | Glasgow is one of our witnesses and we knew that the defense had sum cuoned him"
 And we want the court to order Dr. | Glasgow to talk to us. We have been |