Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-07
REBUTTAl TESTIMONY OFFERED
Evidence Of einnirs and Other I'm
portant Defense Witnesses Still
Further imreached-court Rules
Out Much That is Ofered-No Time
Limit Placed Upon oratoy.
(By Associated PreSS.)

NASHVILLE. TENN. March Il. $50
Af;cr a short session today. both State
and defense closed in the case against
Colonel D. b. Cooper. Robin J. Cooper
and John d. Sharp. for the murder
Of former Senator f. W. Carmark
and the end of the famous trial is in
sight.
The arguments. which begin on
Monday. are ne restricted as TO time
hat By agreement OF counsel only
three lawyers will s:cak Tor each
side.
The case should be in the jurys
hands by the end OF next week.
Captain Fitzhough. of Memphis.
will open the argument for the State.
followed by General William WaEh-
ington fer the defense.
General J. Il. Garner will speak
next for the prosecution.
The will come General Meeks and
Judge Anderson, OF the defense.
while Attorney General McCarn will
make the closing argument.
Has Lasted Five Weeks.
There have been IA days of actua!
testimony but nearly five weeks were
spent selecting the Jury SO that the
trial is now nearing its seventh
week.
The session today was very uninter-
esting and little evidence was heard.
Both sides introduced a few wit
nesses in rebuttal en- the smaller
points in the case and then went in
to conference.
The Jurors. rendered inpatient BY
the summer-like weather. the arrival
of planting time and fretting under
the unwonted restrictions of guards
and close confinement, welcomed the
end with every evidence of satisfac-
ton and when they reached their
room after adjournment give vent TO
their delight by cheering loudly.
States Testimony Rejected.
The day opened with An unsuccess-
full attempt by the State to introduc"
evidence about the exact position OF
the two telegraph poles between
which the defense claims Carmack
shot Robin.
The Safes theory Of the location
of the poles Is that Senator Carmack
could not have shot Robin Cooper by
firing between them. The court ruiz d
that their position was sufficiently
covered in previous testimony.
Then the State called c. H Farrell.
who>is employed in the TenEesseean
Office.
Was Senator Carmack in the bust
ness Office before he left the buildin 9
that afternoon" asked General Gar
ner.
He was not"
einnins Again contrsdieted,
RinninS the witness wno WAS ar.
rested for perjury las; night, had
testified that he saw Carmack in tn"
business oficr that afternoon.
Mrs G. n. williams. who saw SPna.
tor Carmack a few moments before
he was killed. testified that his MAJ
ner was very calm and pleasant. He
told her he was going home.
Mrs. ]. c. McCrory sa~ Mrs. Ia t
man a few moments after the sheet
ing and acronpani' hcr 10 Miss
Forts apartments. hoidiES one ut
Mrs Esstmans arms.
Did Mrs. Eastman moot Mr.. Net
gan CT any other man. take him "y
the Goa; lopels and tell him Of III"
SHOOTING"
Il mover sav Mr.. Morgan Mrs
Eastman did no; talk - any man.
She ccuId not have taken hold Of any.
ones Iapeis for ! held one OF her
arms and Miss rort ihr other"
Agrees on Certain Points.
ATTORNEYS on both sides 'hcn
agreed tina, tho original note written
at Mrs. Brrch's h2mc sas never In
troduccd In evidence: tina. tho scc'
ond note written ny Colonel Cooper
a, tho Maxwell House and given ~
Judge bradford which Was prodncch
at the hearing for bail. was returned
., bradford and that he says he lost
IL: tina, the notc introduced now Is
.Coniiaucti ON Seventh PaScJ