Evening star., 1909-02-25
Witness Tells Counsel That Jury Can
Define Practically"
HELL FAv0RITE WORD OF HIS
Not Subscriber to Carmack's Paper.
Never Bolted His Party
Ticket, He Asserts.

tnrong that surrounded the tail building
almost before dawn today made the for
mer crowds seem like mere handful OF
casual passersby.
The deputies at times had to use force
to keep the overeager men and women
from pushing pellmell into the court
room
The cause OF the excitement was tho
we'll defined rumor. impossible Of confir-
nation or denial. that Gov. Patterson
would take the stand on behalf Of the de-
PENDANTS as soon as Col Cooper was ex-
cused.
AS the testimony goes on the name OF
the governor is mentioned more freely
Hence the public accepted the rumor as
fact and determined to be present when
the executive should be called to testify
on behalf of the men who have been his
ablest political lieutenants and most de-
voted personal friends.
AS soon as court opened Judge Hart
announced that he would exclude the
Lancet editorial offered by the state to
prove that the Lancet, In which Col.
Cooper was interested printed the orig
inal charges against Gov. Cox, which,
when repeated by Carmack I'm the Ten
nesseean caused Col Ceoper to say that
either he or Carmack must die.
Cooper Parties Attack.
Capt. Fitzhugh then resumed cross-ex-
animation of Col. Cooper, commencing
with the state debate between Carmack
and Patterson during the last guberna-
torial campaign.
The witness was asked IL the Nashville
papers did not report this debate in full
and if he ever read of Carmack'S attack
upon him in the American. He said he
had not read II, but believed the papers
did not publish the debate in full.
Didn't you say he attacked you nearly
every day in this debate?"
II said practically every day.
The witness was asked to tell what ne
meant by practically" but refused to
say until ordered to do SO by the court.
II know what it means" he said. 'and
SO does the Jury. If you do not. it Is
your fault
DO you remember what he said?"
Il can refer to my notes and tell"
You have notes."
Yes, sir
Where did you get them?''
From the stenographer who took the
Debates
you got those notes since the trial be-
GAM
.Yes. sir"
..Who else told you of the attacks?"
John Sharp and Gov. Patterson, and
hundreds of others told me. I scarcely
met a man who attended the debates that
did not tell me of the attacks.
Hell" a Favorite Word.
"What were the facts Of this attack
the words?"
81 do not recall except the one about
the angel with the smell of hell upon his
wings.
Don't you know he never said hell 2?
Yes
You put it in? You use the world hell
often?'
II certainly do It's a favorite word Of
mine ! use il whenever | want To-.
Didn't counsel teU YOU 10 iook this ex-
preston up in the stenographers report
of debate"
mo. sir. ] told counsel to have it look
ed up for me.
FitZhugh was on his feet nrlnS queS-
tions rapidly
Judge Anderson said
Il wish counsel would keep his seat and
avoid these exciting demonstrations.
Let him alone" said Col. Cooper.
Let him alone. He cant frighten me;
, can parry his attacks
Did you say these attacks happened
'practi, ally every day.?
Yes sir.
so you are just testifying practically
are you?' :.
Let it go at that and pass along"
retorted the witness.
so YOU are anxious to pass over this
feature of your examination. are you?"
mo, sir; l can stand 1t week II you
can"
Never Bolted Party.
The witness was next asked to read the
schedule of the joint debate In middle
and eastern Tennessee. which he did.
What was the first attack?"
"Carmack called me q bolter.'
Didn't you bolt the ticket and vote
for Gen Fussell against Gov. Bates for
GOVERNOR
Il never voted for republican in my
life. I did vote for Fussell and against
Bates
Counsel for the defense objected. Col.
Cooper was excited and half rose from
the chair. and exclaimed:
Let him alone. Let me answer. I want
to answer him.
Didn't you bolt the regular ticket?"
mo. sir; did not. There were two reg
ular democratic tickets"
What else did You object to?'
THE statement that / dominated the
governor man who was a bigger man
than ] am and who was my friend. It
was aimed to hurt and slur him.
1T was compliment to you, was II
not?"
mo. sir: it was not. II was meant as
slur. I was d private citizen and had no
mouthpiece. no Office and no way to pro-
tect myself"
you not tell the proprietor Of the Maxwell
House that unless a certain picture was
removed the democratic committee would
change it's headquarters?
After a request from the manager Of
the Maxwell i went to see him. The pic
lures of the democratic state candidates
were put up. Also was one OF Judge Tart.
II demanded that either Tafts picture
be removed or the picture with the repub-
lican candidate for governor displayed to
show that the democratic COMMITTEES was
not responsible for the Taft picture. For
at that time Carmack was charging that
trad PaffarSnn'
Court Objects to Politics.
Il cannot see the competency of these
questions of facts" said Judge Hart.
"You should stick to the case, gentlemen.
or we will be here forever"
The state next reverted to the Scimitar
editorial in March. 1903, which Col. Coop
er said was the first break between him.
self and Senator Carmack. He denied that
he knew another man had written 1t, but
admitted he heard yesterday that an