The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-03-11
BIG CROWDS, COOPER TRIAL

Nashville, March 10.-"We contend
that Colonel D. B. Cooper fired the
shot which wounded his son, and that
Senator Carmack, If he fired at all,
fired wildly"
Attorney General Garner made this
announcement today in the arguments
In the trial of the Coopers and Sharpe,
charged with numbering e. w, Car
mack
General Garner declared it would
have been physical impossibility for
Carmack to shoot Robin, as the Coop
ers swear he did. The reasonable So
luton OF the problem, he said. was
that Colonel Cooper opened fire on
Carmack, as Mrs. Eastman believes he
did. and that bullet from: his pistol
struck the telephone post. was defect
ed and entered Robins shoulder He
contended that this theory is corrobo-
rated by the course of the bullet,
which penetrated tho flesh only an
inch and a half and failed to strike a
bone.
The proceedings were interrupted
by the sudden fainting of Mrs. Car
mack The attention of the audience
was instantly diverted To the widow Of
the murdered man.
Ii became evident from the argu'
ment OF General Washington, of the
defense. who followed General Garner,
that the defense proposes to rely on
strong plea of justification as well as
upon the plea of self-defense.
The attorney interpreted Senator
Carmack's words and editorials as he
said they were meant and as Colonel
Cooper interpreted them, and declared
that the colonel had no recourse in
the world He will conclude his argu-
ment tomorrow
Nashville. March 1870 dense was
the throng inside the bar today. in
the Cooper-ShaTpe trial for the muir
der of F w. Carmack, that Judge
Hart could not reach the bench from
his chambers until two husky deputies
had pushed open a narrow path. At
torney General Garner began his argu-
ment for the state Immediately after
court opened.
He said: 81 say that M. II. Meeks
falsifed the record when he told you
that Senator Carmack called Colonel
Cooper 4 diye-keeper 1t was cruel
and monstrous Misrepresentation
IF you gentlemen OF the defense
have not enough evidence to bring a
verdict of acquittal. then do moi be
deferred in the act of falsifying and
deceiving the jury.
NO matter what Senator Carmack
said on the stump or wrote in the
Teunesseean about Colonel Cooper,
there was no justification for MUIR
der.
General Meeks says that murder
for the editorials is justitiable. He, a
lawyer. applied the 'unwritten law TO
editors.
"They say that Senator Carmack ac-
cused Colonel Cooper of having re-
conciled Governor Cox and Governor
Patterson And there was not word
to show that this reconciliation was
improper OF that 1t was degrading TO
have effected It, Yet they consider IL
justification for murder. IL so, what
In the name of God should be the
punishment meted out to John Sharpe
and Robin Cooper for the vile epithets
to Senator Cormack?
Colonel Cooper's son believed the
father was in homicidal mood. He
went on the streets and searched him.
All these men who have come here to
testify that they were hurrying
around to prevent Carmack from as
saulting Colonel Cooper. toll you their
efforts were directed at soothing Colo
mel Cooper Not word to Carmack,
not an attempt to restrain him-why?
Because they knew that the man who
was the only one likely to cause trou-
bic was Colonel Cooper.
1.-The evidence of the three defend
ants in this case, gentlemen, shows
they are guilty, just as completely
and as surely as does the evidence OF
Mrs. Eastman"
Coming 20 the actual shooting, he
| said: They say now that CarmacE
at once drew gun, Cooper says so,
! Robin corroborates him. John Sharpe.
who sees it all, says that 1t is not
| true, that Robin drew a pistol and
that Carmack didn't draw his revolver
until he got to the poles. But If SEN
ator Carmack drew his gun, why did
| he not shoot2 What docs a man draw
a gun for, except to shoot7 Yet they
would have you believe that Carmack
waited until Robin, who says he was
| paralyzed for an instant. jumped be-
| tween Carmack and his father,
Senator Carmack was shot twice