Los Angeles herald., 1909-02-17
WIDOW CALLED
AS WITNESS IN
MURDER TRIAL
MRS. CARMACK FAINTS AND
WEEPS PITIFULLY
DRAMATIC DAY FILLED WITH
MANY SENSATIONS
Son of Man Slain by Coopers Pats
Mother on ShouIder-GiVes
Defendants Look of
Hatred
EBy Associated Press.l .


with dramatic interest and mark
ed with. scenes that bordered on
the sensational, was the first day of the
actual trial of the Cooper-Sharpe case.
Whether Col. Duncan B. Cooper,
Robin J. Cooper and John Sharpe killed
former Senator E. w. Carmack in self
defense. or as a result of a conspiracy
was the issue.
Scarcely had the attorneys been
raped into order-the judge having
broken two good gavels in the work
thus far-than the first sensation was
produced.
Mrs. E. w. Carmack, widow of the
slain man, was half carried and as
sisted into the room. She was in
mourning. Her knees gave way as she
neared her seat and she was moaning
as she was placed in her chair. Her
little son Ned, aged 10, stood by his
mothers side, patting her shoulder and
trying to keep back his tears.
Great surprise was caused when the
state called Mrs. Carmack as it's first
witness. She. was almost carried to the
witness stand by her kinsman, Frank
Lander, who succeeded her husband as
editor Of the Tennessean.
A few questions were asked, but she
became hysterical and was excused. AS
she left the stand young Ned Carmack
turned squarely toward the defendants
hatred.
Widows Testimony
when did you last see your husband
alice?" Mrs. Carmack was asked.
"Oh, God" she sobbed, ION Sunday,
the day before he was killed"
For several moments she was unable
to speak.
when did you hear from him last?"
"By telephone on Monday, a little
while before he was killed.
What was the conversation"
The defense objected and was sus-
tanned.
The state next called E. B. Craig,
former state treasurer, who testified
to his close relations with Senator Car
mack. He said he spent all Saturday,
November z; Sunday, November s, the
day before the murder, with Senator
Carmack.
He saw Col. Cooper the evening of
November at the Tulane by appoint
ment.
after discussing the personal matter
which led me to meet Col. Cooper, the
latter began to discuss the editorials in
the Tennesseean. Col. Cooper was
greatly agitated and very angry. He
said: I am an old man, a private citi-
zen, and if my name again appears in
the Tennesseean 1 or Senator Carmack
must die
MANNER was Violent
Col Cooper's manner was violent,
and he denounced Senator Carmack
vicfously as an migrate. His manner
so alarmed me that l told him that 1
would confer with Senator Carmack."
What was said about the note?"
HE said he had written Carmack a
note that could not be misunderstood"
Did you communicate to Carmack |
the threats of Col Cooper?"
- L i
said"
The note referred to was the one
written by Col. Cooper to Senator Car
mack, threatening the latter with death
ii the editor referred to him again.
The state next introduced in evil
dence the Tennesseean of November 8
containing the editorial article on Col.
Cooper which led to the shooting and
which referred to Col. Cooper as "the
diplomat of the Zweibund.''
The paper was identified by Craig. |
The defense passed cross-examination.
and Mrs. Charles H. Eastman, who
was speaking with Senator Carmack
when he was killed, was called. Mrs.
Eastman told how she met Carmack
and identified the exact spot.
Senator Carmack came swinging !
along" said he. His eyes lighted up
with pleasant look, and we both
stopped.
Tells Of Tragedy
"He raised his hat and was looking
into my eyes in a listening attitude.
Suddenly from behind me came a voice
saying, We'll, here you are. We have
the drop on you
Did you see any one?"
'No, sir; the voice came from behind
and very near to me-"
What did you dO?''
Nothing. 1 saw Mr.. Carmack, with
hat still raised, look over my shoulder
with a look of surprised inquiry. AS
he did so he put his right hand in his
pocket and slowly drew a pistol. It
seemed to catch. I put my hands to
my face. Then the voice began behind
me and it said:.
"'You cowardly scoundrel, hiding be-
hind a twoman's skirts, are you? Get
out, you bastard
when l saw the revolver jumped
to one side and turned. The revolver
in the senator's hand was upside down,
that is, he held it by the barrel"
The prosecutor sent for the revolver,
and the witness gave a dramatic IL
lustration of the senator's position.
'T put up both hands, she said, 'and
jumped back. 1 heard the shot and
turned. 1 thought I recognized DR.. |
White as the man with the revolver,
and I screamed:
MY NIOO, OOCIOTs uOu SIOOl, please
don't I then recognized that it was
Colonel Cooper. Then 1 sprang against
the fence and saw young Cooper and
heard two other shots fired so rapidly
that 1 thought they were simultaneous.
Young Cooper was standing near me, |
his arm extended as though in the act
of firing a pistol Senator Carmack !
was lying in the gutter, in a pool of
blood, and 1 turned and denounced
Colonel Cooper
What did you say?'
81 said he was a brutal murderer,
that he had taken advantage Of my
presence to kill man without giving
him the chance of dog; that I'd rather
be the dead man in the gutter than
to be him."
When the state concluded with Mrs. |
Eastman the court adjourned.