The Birmingham age-herald., 1909-03-06

 chief deputy United States marshal who was asked as to the condition of the at- mosphere the day of the killing.
 The defense objected on the ground that the same thing had been proven before Several witnesses swore that November g was one of the cloudlest days in the history of Nashville and that a pail oi smoke from forest fires was hanging over the city. The court sustained the de- fense and the witness was excused. "Can Miss Ella Lamb."
 Miss Lamb Testifies. The witness, a trimly .gowned, self fled the different buildings on the map of the scene of the tragedy. She lived on Seventh avenue at the time of the trag- edy. near where 1t happened.
 Do you remember the day Senator Carmaelk was killed?' asked General Gar aer.
 T do. l was at home in the basement at the south window sewing and facing the window
 Did you see Senator Carmack the aft ernoon before the killing?'
 "I did. He passed. I knew him by sight He passed often"
 How often?H
 Tine defense obieetea and was sus- tained.
 Were you near enough to that gate near your window to hear a match struck"
 T think so." (Witness Benning swore he struck match on that gate just as Carmaek passed to his death)
 Did you see any one pass except Sem ator Carmaek?'
 T did not"
 You had good view up the street?'' ''Yery good, unobstructed"
 "Did you hear shots fired 2''
 "I heard them"
 What did you do?''
 Saw Group of People. "I jumped up, looked out. saw nothing on the east side, but saw a group of people at the telephone poles." Did you see any person on the east side of Seventh avenue. on the street or the sidewalk or on the path across the lot?'
 "I did not"
 This fatly contradicts Benning, who swore he was walking along the line in dicated by General Garner in his ques- tion to the witness.
 You saw no one across the street near Senator Carmack, as he passed?"
 No one"
 You saw no one pass at that time except Senator Carmack-no one smok- ing a pipe?"
 NO one.
 The defense asked but few questions on ross-examnation. One was:
 Was there horse and buggy in front of your wfhdow?"
 There was"
 General Garner asked her if this obstructed her view, and she said it did not, IS the shots came from up the street and that is the way she looked.
 Ed Craig Recalled.
 Former State Treasurer Ed Craig, who carried Colonel Cooper's threat to Carmack. was recalled by Captain Fitzhugh.
 Did you tell Colonel Cooper that his name would not appear in the Ten nesean again?'
 T did not"
 Did you give him any such assur- ance directly or indirectly?"
 T did not"
 Did Colonel Cooper in either inter- view express a desire for a personal interview with Carmack, and say he would come to 1t unarmed?"
 No sir. No such a request"
 And he didn't say anything about being unarmed?'
 No such statement was made"
 Did you tell Colonel Cooper that Garmack was in an ugly humor or ugly mood?"
 The defense objected but the court sustained the state.
 T could not and did not make such a statement and"
 The defense objected to the "could not phrase and demanded that it be stricken out.
 "Go on,'' said the court
 T said I could not and did not for there was nothing upon which I could base such an assertion"
 Strong Objections.
 Again the defense was on it's feet chorusing its objections, but again the court permitted the witness to an swer
 Did Colonel Cooper state to you that the town was not big enough to hold both of them if publications con- tinued?"
 He did not"
 Captain Fitzhugh then annuonced he wanted to ask MT. Craig how Senator Carmack considered the threat of Col onel Cooper and asked for a decision on whether the state might not prove Carmack's s mental attitude.
 "The court has ruled that such testi mony Is not admissible and it adhere. to the previous ruling" commented Judge Hart. Thereupon the witnes. was excused without cross examina tion. Frank Allen, a driver of a laundr, l wagon, was near the scene of tn, | ragedy when it occurred. He was il | the waogn, talking to a Mrs. Morgan and facing north. He did not see Sen ator Carmack or the others. He heart | the shots and looked up the street. | Did you see anybody on the street on the pavement or on the lot at tha l moment?" | q did not"
 Flat Contradiction. l (This was another fiat contradiction of Benning, who swore he was there) On cross examination he said tn l shots frightened his horse and he de voted much of his attention thereafte to quieting the animal. | Weather Observer John s. Stuart wa next called to testify as to the rain fall the night before the tragedy. Tn defense again objected and the state through General Garner, said Ben ming swore he tried to scratch a mate on two telephone poles and could nc | do it because they were damp and Ina | to scratch it on the hinge of the gat, | We want to show there was no raj 1 the night before.''
 The court sustained the defense's ob jection and there was some laughter a | General McCarn said:
 stan daside MT. Stuart" When the laughter ceased, Genera l McCarn exclaimed: "I object to demon | strations by the rooters who surroun the defense's side of the room and as that they be suppressed"
 q think your remarks Ire proper an intend to see that the rules of order al | enforced"