The Washington herald., 1909-03-03
DEFENSE RESTS CASE
Recess in Cooper Trial Until
Thursday Morning.
TAXES TIE STAND
DR.. Duncan Eve, one Of the Most
Prominent Practitioners in tae
south, Declares Carmaek Comic
Not Have Fired Shots After BeinE
Hit in Vital SDots-0thers Testify.

Nashville, March z-After the exaHi-
nation OF seven witnesses. four Of whom
gave important evidence. counsel for Col
D. B. Cooper. R. J. Cooper. and J. D.
Sharp, charged with the murder Of ex-
Senator Carmack. Tentatively rested their
case to-day. and. upon application Of the
attorneys for the State, Judge Hart con-
sented to an adjournment until Thursday
morning TO enable the states representa-
tives to consult witnesses and prepare
for the introduction Of proof IN rebuttaI
Six weeks ago the hearing Of the cele-
brated case began. Eight and one-haif
days were devoted by the defense 10 The
examination OF witnesses, and VIXEN, at
S-o5 O'Clock this afternoon, Judge J. n.
Anderson. chief counsel fer the defend
ants. announced their testimony closed,
unless the State recalled some Of their
witnesses for further cross-examination.
there was a general feeling ot relief that
another stage Of the trial had been
passed
May CrOss-exanine Witnesses.
It was agreed between counsel on both
sides that in the event any Of the de-
fense's witnesses were recalled they
should be cross-examined before the
State introduced any proof in rebuttaL
The impression prevails IN the absence
OF any direct knowledge as 10 the num-
Der OF witnesses in rebuttai 10 be called
BY counsel for the prosecution. that the
evidence viii be closed by Ar least Fri
day afternoon.
Dr. Duncan Eve. one Of the most widely
known surgeons in the country. and son
OF the late Dr. Paul r. Eve. who was
universally recognized in his day as one
OF the finest surgeons In the United
States. was one Of the leading witnesses
FOR the defense to-day
Gen ". II. Washington. for The de-
fense. read from the report OF tie post
mortem examination made BY Dr. Nc
Pheeters Glasgow Of the remains of Mr.
CaTmack. and asked witness questions as
20 the results Of the bullet wounds men
toned therein. In each instance DR. Eve
replied that where bullet entered the
heart. as two OF these missiles had in
the. case Of Carmack. and where another
had severed the spinal cord. death would
be instantaneous
Strengthens Defense Theory.
The evidence OF Dr. Eve strongly
strengthened the theory Of the defense
that Carmack fred the first two shots.
and that when the first shot from Robin
CooDer's pistol struck him it was q
physical impossibility for Mr. Carmack
to have fired another shot thus tending
70 sustain the claim OF seIs-defsnse on
the part OF Robin Cooper.
Dr.. Eve also testified 10 having dressed
the wound In Robin Cooper's right shouI-
der be gave a fun description Of the
treatment
Evidence as 10 rhe conference held
Gt the Office OF james c Bradford on the
Cay Of the tragedy. between Col. Cooper.
Mr. Bradford. and Gen. TUIly Brown. 20
consider the note addressed 20 Editor
Carmack by Col Cooper, vas given 5y
Gen. Brown and AR. Bradford.
Gen. Brown. who took the stand at the
morning session Of court, told nothing
new. and the State did not cross-exsmine
him.
Mr. Bradford also testified as to the
conference