The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-03-03
THE COOPER TRIAL.
TWO SURPRISES SPRUNG DIR
ING SATURDAYS HEARING;
Chief Executive OF Tennessee Tells
What Happened OH Day Carmac,S
Was Killed, but Portions of His
Testimony the Jury is Not Allowed
TO Hear-The State Declines TO
CrOsS-EXamine.

| ~ AhC"i-Inc Stdte DeClIneS to
Cross Examine.
Nashville. Tenn, Feb. 27.-Two
facts stood out strongly in the Coop
er-Sharp trial today for the murder
of former United States Senator f.
w. Carmack. One was the calling
| by the defense of Governor M. r.
Patterson, The other was the failure
of the State to cross-examine him. 1t
has generally been conceded that
however nnocently-Governor Pat
terson was one Of the remote causes
of the killing. Carmack ran against
Patterson for the Democratic nomi-
nation and lost. Col. Cooper, former
patron and friend Of Carmack, sup
ported Patterson. The newspaper
fight which began then did not end
until the morning Of the tragedy.
Throughout the testimony in the case
the name of Governor Patterson ap-
peared continually and insistently.
Finally Col. Cooper testified that the
governor sought and found him a
few hours before the tragedy.
So the defense called the governor
today; did it reluctantly. some say;
gladly, according to others. The gov
ernor testified twice, once before the
court and again before the jury. TO
the court he told how he was called
over the telephone by Col. Cooper's
daughter. Mrs. Lucius ABurch What
Mrs. Burch told him he did not say,
but it is known that the girl was in
deadly terror and appealed to the
chief executive to use his influence to
avert tragedy.
Whatever Mrs. Burch said so i'm
pressed the governor that he took his
private secretary and began a fren-
zied hunt Tor the colonel, commenc-
ing at a. M, and ending at the Max
well Hotel at noon, where he found
| Cooper. He described the coloneps
anger and his declarations and told
how he, Robin and Attorney Brad
ford soothed the old soldier and made
him promise to let friends arrange a
peaceable settlement. Every interest
ing detail was revealed.
Somehow the news got out that the
governor was to testify and half an
| hour before he was called the empty
seats began to fill. Soon one of the
| biggest crowds of the trial jammed
the court room. The throng listened
| breathlessly to his every word. The
governor is a trained public speaker
and he used his voice to splendid ef-
feet, illustrating his words with ges-
| lures.
| After he had told his story to the
court, while the jury was out, Judge
Hart decided that the governor could
not repeat the conversation at this
| conference, but might state the result
of the conference and describe the
colonel's delneanor.
The State declined to cross-examine
today, but reserved the right to recall
the governor later. This decision fol-
lowed long conference of the States
attorneys, and none of them would
explain it.
The days testimony was begun by
I. Leigh Thompson, who resumed the
stand for few minutes. He testified
that green hat was handed him af-
ter the shooting with the remark that
it was Carmack's, but that he had
never seen the senator wear a green
hat. He sale it was a most unusually
smoky day, on the, day of the shoot
ing. Forest fires had been ragin 2
and that he would have been unable
to distinguish blue steel pistol half
a block away.
Would 1t be possible for any one
70 recognize a man standing near the
scene OF the killing from the corn
err" (John Sharpe swore that he
did.)
II do not think So"
The State aimed TO prove that 1t
was impossible for the Coopers to
recgnize Senator Carmack nearly a
block away.
Roscoe Mathews. a tailor, next told
Of meeting John Sharpe the afternoon
of the tragedy, corroborating part OF
Sharpe's testimony He was cross.
examined very briefly.
DR.. Richard Drake, whose office