The Birmingham age-herald., 1909-03-09
FlTZHUGH DENOUNCES
 COOPER BIT TTERLY IN HIS
 ADDRESS BEFORE JURY
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 chair with her son, Ned, on her arm. With the defendants were Mrs. Burch, Mrs. Wilson, Mrs. Bradford and Mrs. sharp besides a score or more women Friends of the ladies mentioned
 Fitzhush Begins.
 Captain Fitzhugh began the opening arugment for the state.
 T appear before you for the first time, ' he said. Yet after our long association and after watching your faces feel l am no stranger to you. We are all citi- zens of this great commonwealth, proud of it's achievements. proud of it's honor So, l know we are all one in a desire to see that law shall continue to be en- forced and that justice and right shall prevail.
 'I appear before you with my mingled feelings of regret and pleasure-regret that l should have to aid in the inquiry into the cause of the death of my dearest friend, and pleasure that that duty should be entrusted to such an upright and inn partial judge and such a patient honest and intelligent jury
 Fitzhugh then told the jury that he realized how anxious the members were to get home, but he impressed upon them the responsibility that had been imposed upon them and said he was sure that when they returned to their homes they would do so with a consciousness of dis agreeable duty honestly performed.
 Tragedy Recalled.
 "On the afternoon of November there was enacted upon the streets of this city a tragedy which robbed a woman of the tenderest and most devoted of husbands"
 Captain F'itzhugh then read the indict- ment charging the three men with mur- der in the first degree and explained what first degree murder is. He described malicious, proclamation and intent as the courts define them, and quoted from su- prenle court decisions.
 T have shown you" he said, that 1t Is murder when a man takes life upon sudden impulse. How much more Is it murder when a mans heart Is so full of malice and revenge that he spends all day Sunday and most of Monday devising the ways and means of taking the life of the man he hates so bitterly"
 Captain Fitzhugh then described how on Sunday night, November 8, Col D. B. Cooper was at the Tulane hotel to meet E. B. Craig, and how Cooper made threats about Carmack to Craig and how these threats were transmitted to the dead senator
 Cooper Met Craig.
 Colonel Cooper met Craig on person. al business, but he brushed the busi- ness aside and revealed what was in his black heart. He owed his friend Craig money-he owed all his friends money and he never bothered about tn e money he owed. This did not bother him but he broke off and said; If my name appears in the Tennessean again Carmack or I must dier
 Think of 1t, gentlemen, this man who Is a self-confessed lobbyist for a railroad; this man who is charged by reputable men with having embedded money entrusted to his care; this man whose name had been banded about the state; this man whose dark and devious ways have now been uncovered, dared to send to an honest and upright journalist the threat that if his name appeared in the Tennessean again one of them must die; think of it.
 And when the tragedy was over, the defendants began to look for a cause; for an excuse. Their attorneys search ed the stenographic records They ex- amined the joint debates between Car mack and Patterson. And what do they find? That Carmack had referred to the old bald-headed angel,aDuncan Cooper, had asked, did the angel come from above or from below? and was there the smell of sulphur on his wings? Is that reason enough to kill man? All this was prior to June 27 and yet he sent no notes and raved no rawlings.
 Names Used By the Press
 Why, gentlemen. Hartman, Rock efeller and Morgan are private citi- zens. They never held an office, but we know they exercise powerful in fluence in public offices. TfSr names appear daily in the public seess. Yet who ever heard of one of these men demanding that his name be omitted? Who ever heard of one of. these men hunting down an editor and assassinat- ing him on the street? Why, gentle men, they have never even challenged the right of the press to use their names, for they know better
 Tt is the duty of the press to keep the public informed and Colonel Cooper, when he went into politics, made 1t the duty of the press to watch him."
 The speaker told how Colonel Coop CT never objected to the alleged re- marks of Carmack during the campaign and did not object until after the mur- der. But after Carmack became editor of the Tennessean Cooper became sud denly angered.
 He told his son that day after day his name was used in the Tennessean and that Carmack was shooting pois- oned arrows at him every day, and that it was becoming unendurable.' Let us see. Robin Cooper, his son, says he never saw them. His brother-in- law. James C. Bradford, never saw them. Who did see them? They brought only three editorials in here and one of them was written October 21. entitled An Awful Threat
 coopers Charges.
 "He obiected to this because his name was mentioned in connection With Ban Murray and two others. One of these he swore had been indicted and convict ed and the other he said was gambler. He had to admit the next day that the man he thought twas indicted had not been. So Colonel Cooper himself was not so careful in making charges. And as for the gambling why the colonel has been a gambler himself and won and lost large sums. But 1t is not on record that he ever paid debt out Of his large winnings, and the man who he says is gambler does pay his debts.
 Now. the second editorial appeared the same day and 1t never mentioned Coop CTS aame-it simply attacked the ma- chine. Cooper, in his note to Carmack. said: I am a private citizen yet as soon as the machine is mentioned this private citizen roars out in anger. You are hitting me now; I am the machine {; I am the state and he says They re- ferred to me and others as the machine. Any record here, gentlemen, of the others referred to going out and shooting the man who wrote it?
 "The third editorial produced by the defense appeared on Sunday, November s,