The Birmingham age-herald., 1909-03-09

mendable thing; that anyone who proush' it about was entitled to commendatlon yet he wants to kill the man Who gave him credit for doing a commenoapis thing. All these things had been printed in other papers and Colonel cooper au- mitted Yet he never grew angry at any other editor-only Carmack.
 But we come to the day be1ore the killing. Colonel Cooper wrote some notes but the defense does not produce them. They lose them There is no original but at last an alleged copy ot copy Is nroduced for your inspection
 Fitzhugh went into detail on the notes and then passed to the interview with ex-Treasurer E. B. Craig.
 You know Ed Craig-as honest a man as ever lived. He swears Colonel Cooper said, If my name appears in the Ten nessean again one of us must die Colo nel Cooper swearing for his life, said he said If my name appears in the Ten nessean again the town will not be big enough for both of us.'
 Revolver Borrowed.
 Now, who tells the truth? Colonel Cooper went out and borrowed a revolver. Ed Craig believed his friends life was in danger and hastened to warn him. Now, do you believe it? Can you imag- inc how Ed Carmack felt when he heard the threats? What a shock 1t was to him? Why he could not believe that any one could be so vicious as to shoot a man for such trivial banter and for doing his duty. But Craig knew-he saw fnur- der in Colonel Coopers eyes
 Next we find Cooper swearing that Craig came back and told him that Car mack was in an ugly and vicious humor Cralg says he never said 1t and could not have said it because there was noth- Ing to warrant such a statement Why should Colonel Cooper swear that he did say 1t? I'll tell you, gentlemen, because he must have some excuse for going out and arming himself an hour later, and the only excuse that would even have a semplance of justice was an implied threat"
 Mood of Defendants
 During this bitter arraignment of Col onel Cooper, the old defendant sat ouietly With his eyes shut and his hands folded as though asleep. Not so with his daugh- ters- Stately Mrs. Burch with tear-filled eyes cast down, sat with elapsed hands close to her mother Mrs Wilson, De- ute and active, watched the prosecuting attorney intently her black eyes flash ig angrily, her lips curled scornfully and
 
 could tear him to pieces. Robin ap- peared composed and smiling. John Sharp was unconcerned-no mention had been made Of him yet. What next?' oueried captain Fitzhugh. Cooper says Craig came back and told him that his name would not appear again. This would mean that Colonel 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? AL the Tulane hotel. Where did Cooper meet Craig? At the Tulane hotel. Where is the Tulane? Across the street from Senator Carmacks office. Any sig nificance in this?
 Fourth Editorial.
 captain Fitzhugh then took up the fourth editorial entitled, .gThe Diplomat of the Zweibund." It was introduced in the case by the state. This editorial cred US Colonel Cooper with "bringing about the great coalition,' with "wielding the pewter handle upon the wooden spoon. D With grating the dead bough upon the living tree and making 1t bloom and ourgeon with golden fruit" with making 'playmates of the lamb and the leo pard,' with making boon companions of the spider and the fly" with making soda and vinegar to dwell placidly in the same bottle," and with "teaching oil and water how they might agree" and closed with the expression: ITO Major Duncan Brown Cooper. the great diplomat of the political Zweibund, be all honor and glory forever" Captain Fitzhugh expanied the editorial word by word and showed it was humorous and bantering.
 EAnd oant1a,,aY +l,i. on Monday morning, November g. and before the sun set that night the bril- liant Edward W. Carmack had been slain for writing it."
 Captain Fitzhugh called the jury's at- tention to Colonel Coopers exclamation: Then, by God, this note goes'
 But it did not go Why? because they wanted to catch Carmack off his guard'' declared the attorney dramatically. Rob In Cooper reading that note told his faith er that Senator Carmack would resent 1t and the colonel running his hands down Into his pockets, said I have this to protect myself with and displayed his trusty gun. But he did not send the note because 1t would have made Carmack be- lieve that there was trouble and would have put him on his guard
 Said They Wanted Peace.
 "They tell you that they wantetd peace; that at noon that day Colonel Cooper's own daughter, frantic with terror and wild with anxiety, telephoned Dr. With erspoon that ther father was armed and to kill Senator Carmack on sight, and the young woman did every thing in her power to avoid the trouble, be 1t said to her credit. She even ap- pealed to her father and said she feared for his safety. What was his reply to hat fris. 1te aAa1 To L.. ly to get hurt as I ann There is a note of confidence all through the defendants tall-a note of confidence not based upon chance
 They did not dare have the Colonel back at Bradford's office that day at II o'clock, so they had him at home, but they forgot Miss Lee, a pure. good girl, who gave up a splendid position rather than that truth should be trampled upon. She says Colonel Cooper was there and used language so vile that she would not soil or pollute her pure lips by speak ing it, and wrote it only under compul- sion. And you saw how she shrank and covered her face as the words were read Those are the words used by this spark of the old chivalry, this type of an old southern gentleman. in the prence of a helpless girl. God, are you not ashamed of such a man?
 Significant Part.
 But the significant part in this stage of the affair was that the only thing at tempted was to keep Cooper from send ing that note. Das any attempt made to ing that note. Was any attempt made to made to notify Carmack of the change of heart? Was any attempt made to mo- tify Carmack that the note Craig told him would be sent to him was not to be sent? No, the sole effort was to keep the note away from Carmack."
 Captain F'itzhugh next took up the con- ference in Bradford's office and analysed 1t. He laid especial stress upon the testi-