The Birmingham age-herald., 1909-03-09
TRAGEDY IS REVIEWED
 IN GREATEST DETAIL
Courtroom Is Packed With People, Who Manifest Intense Interest In the Words of the Attorney
 for the Prosecution.

hugh had completed the opening argu- ment for the state this afternoon in the case against Col. Duncan B. and Robin J. Cooper and John D. Sharp, charged with the murder of former United States Senator E. W. Carmack, Judge William Hart ordered the jury withdrawn and said;
 T asked the audience to remain until after the jury was dismissed in order that I might do something I never did before. | want to thank you for the splendid order preserved today In spite of the splendid bursts of eloquence from the speaker there has not been a single demonstration and the court Is thank ful to you for making his task an easy one. You may go now, but return early tomorrow and remember that the warn ing I gave you this morning against any demonstration holds good tomorrow, too.n
 Courtroom Packed.
 Captain Fitzhugh made strong and striking argument It lasted over five hours and when he concluded he was exhausted The court room was packed to suffocation, the ventilation was poor and even the spectators felt the effects of the vitiated atmosphere. F'itzhugh Is a drmatlo orator and his exertions left him nearly a physical wreck when he concluded. The young Memphis attor- ney's speech is considered masterpiece of logical argument and bitter invective and 1t had a noticeable effect upon the jurors who leaned forward and listened breathlessly to every word spoken. Fitz- hugh was close friend os Senator Car l mack and he is in the case at the spe- cial request of Mrs. Carmack. His per oration was especially dramatic.
 Ftzhueh's Peroration. There will be many arguments made to you,' he said ito touch your heart. You will be asked to be generous and sympathetic. They will tell to you of this boy Why, gentlemen, he is 27 years old and some of the greatest achievements of men have been accom- plished before a man is 30, and they will point to Colonel Cooper as gentleman of the old schood, the last flower of the old southern chivalry.' Do you be- lleve it? Was he gentleman when he used that awful language in the presence
 
 you of sympathy just look over there You see in sable garments the widow of E. w. Carmack. You see on her arm the 10-year-old boy who was the pride of E. W. Carmack's life. Did Duncan Cooper or Robin Cooper think of this widow or this boy when they shot down the husband or the father? Would it not have been better if Robin Cooper, instead of shooting the senator, had said to his father, Father. do not kill the father of this little boy, do not slay the husband of this fond wife, but he did not The question to be decided is whether or not the law is to be enforced. That aues- ton is to be decided by you. If murder is to be committed in the streets of our cities without fear of punishment, can you tell who will be the next victim? The very liberty of the press is at stake, the security of the common people. It all rests with you and into your hands I place 1t unreservedly. Gentlemen, thank you"
 Interest Increases.
 Whatever may have caused interest to lag during the last few days of trial was evidently removed today. An immense throng gathered early and there was quite the old time rush for seats when the doors were opened at o'clock. local lawyer says that all Tennesseans are either ora tors or love oratory The brightest minds at the bar of the state are engaged upon one side or other of this case and the only regret expressed is that only three at torneys of each side are to speak
 I-a,l1x. I.1f q of women and many of them. as well as many of the men. brought their lunches in neat baskets or homely paper bags The women, however, did not arrive early. The courts orders are such they do not have to. At any time they come a seat is provided either by a gallant volunteer or by a deputy sheriff ejecting some mere man.
 Judge Hart's Warming
 As soon as court opened Judge Hart warned the audience against any demon- stration.
 T have been told,'' he said, "that some people have been brought here to ex- press approval or disapproval. can scarcely believe it. But I want to say that any one who applauds or misses or comments upon the argument will wish he or she had never done it. 1 realize the im- mense interest felt in the result and want to gratify it, but the conduct of the audience must be seemingly and decorous. You may proceed, gentlemen
 Before the arguments opened the att torneys suggested some changes in the tables and chairs which would give more room for freer movement of the speak CTS. These were carried out. Meanwhile the throng had grown until the room was packed to suffocation. Most of those in side the bar were admitted at the re- quest of counsel for the state or defense and their number finally drew protest from the court He followed 1t with an order that no more should be admitted no matter who they were. Mrs. Carmack was in her usual seat-a huge leather arm