The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1909-02-27
DEFENSE WINS
LEGAL POINT
lmucrtant Testimony Barred in Coop
er TriaI-Rev0lVerS Are
Unidentified.

Nashville, Tenn, Feb. 27.-The
ninth day of the Cooper-Sharp trial
for the Staying of Former United
States Senator E. w. Carmack was
marked by lengthy and bitter argu
ment between opposing counsel, and
closed with decided advantage fol
the defense. At the same time an
interesting law point, one lawyers
say never before was raised in Ten.
nessee, was denied by Judge Hart.
The defense early in its case-in.
chief offered proof that Colonel Coop
er was told by Edward Craig, whom
the colonel had sent to see Senator
Carmack, that Carmack was in an
"ngly humor." The defense's case
was based really upon this one ex.
preston, for Colonel Cooper and
Robin both testified that they armed
themselves because they were led to
believe from this remark that Sena-
tor Carmack might assault the elder
Cooper.
Now along comes the state and Of
fers to prove by two of the defense's
own witnesses, Major Vertrees and
Assistant State Insurance Commits
sioner T. Leigh Thompson, tn 1T Sen
ator Carpack was not only not in an
ugly humor but laughed at the idea
of trouble, and said he simply wanted
to arm himself to relieve the anxiety
Of his friends.
The defense fought the admission
Of this testimony with more vim and
bitterness than has characterized any
argument since the trial began.
Learned counsel offered two reasons
why it should be excluded: First, that
the state could cross-examine only on
such matter as had been gone over
in direct examination. The court
promptly rejected this theory. Next,
the defense argued that unless all the
conversation of witnesses with Car.
mack as well as their observations of
his manner and appearance had been
communicated to the defendants, the
testimony was inadmissible. They
held that II these conversations and
observations had been so communi-
Gated to the defendants they would
show upon the mental condition of
the defendants; If they were not COM
municated they would show only Sem
ator Carmack's mental condition, and
as the senator was dead, his mental
condition would throw no light upon
the subject.
In the question of Major Vartrees'
testimony, Judge Hart excluded the
jury and permitted the state to ex-
anime the major for the courts ben
eft. He admitted all that the state
said he would, that Carmack laughed
at the idea Of trouble, said he had
done nothing to provoke it, and that
he wanted revolver simply to sat
isfy his friends. The counsel on both
sides argued and the court held with
the defense.
Later in the day, when T. Leigh
Thompson was on the stand, almost
SuC SAINT QuSSIlOu dIOSo anu the dIBu-
ment began anew. Judge Hart said
he would render his decision Satur-
day, but intimated that unless the
state had discovered some new au-
thorities to support its contention he
would rule out the testimony.
The revolvers in the case played
prominent part, and the testimony
was much to the advantage of the de-
tense. The prosecution has gone
upon the theory, implied if not open
ly expressed, that the gun with the
two empty shells found near Senator
Carmack's body was in reality Col
onel Cooper's, and that the revolver
introduced as Colonel Cooper's, which
had not been discharged, was the one
the dead senator carried. Major Ver-
trees, however, who loaned Senator
Carmack the revolver, identified the
one found near his body with two dis
charged shells as the one he had
loaned the senator. Next, Police Com
missioner Tom Hutchinson identified
the revolver which had not been fired
as the one he loaned Colonel Cooper