Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-02-19

handed him a revolver. and said: Here
is a gun 1 found near Senator Carmack's
body" The patrolman said ii was a IS
caliber gun. Pitcher broke the gun and
showed three loaded and two empty
shells Then Pitcher told the officer
where the Coopers were, and that one of
them had been wounded.
1 The witness said the automatic was not
new. but had the appearance of wear.
This point was made, probably to show
that Robin Cooper did not buy the gun
for the purpose of killing Carmack
Empty Shells Found
Juror Bierman arose and asked the
witness: How many shells does an auto
matte revolver holdP'
'Nine-eight in the clip or magazine
and one in the chamber"
On redirect examination, the officer
said he picked up an empty shell near
the scene OF the shooting. Where he
picked it up, was several feet behind
where Senator Carmack stood when the
states contention that Robin Cooper
shot from behind Carmack.
The effect OF the testimony was weak
ened, however, by the Witnesses admis-
sion that he picked up the shell half an
hour after the shooting. and after CREST
| crowds had surged over the vicinity. The
other two shells and the bullet that zane
out Of the senator's mouth were never
| recovered.
Physician on Stand
DR.. r. z. Fort to whose infirmary near
the scene of the tragedy the two Coopers
walked after the shooting, detailed how
the defendants came to him.
| robin Cooper had a pistol wound in
the right shoulder just above the collar
bone" said the witness. II dressed the
| wound There was no point of exit and
/ assume that the bullet is sim in the
young mans shoulder r..
when / started 20 dress the wound,
Robin asked for tobacco and cigarette pa
pers. I got them out OF his pocket and.
found in his overcoat an automatic re-
volyer. A bullet had passed through the
left sleeve of his Ovcrcoat but had not
touched his person"
Did you hear Colonel Cooper use the
telephone?"
Il did, several times, but only once did
| hear what he said
ITO whom was he taIkingY'
ITO his daughter, Mrs. Burch. He cali
ed her phone and said: Daughter, it is all
over. Robin has killed Carmack. Robin
is shot.
Il told him TO tell Mrs. Burch that Rob-
in was not badly hurt, and had'to repeat
IL twice"
was Robin Cooper near enough to hear
this?'
He was"
During Dr. Forts recital of this Incl
dent. Mrs. Burch's eyes filled and she be-
gan TO cry softly to herself, shielding her
eyes with her gloved hand.
State Has Many Witnesses
On cross-examination DR.. Fort said he
did not hear Colonel Cooper say, 81 do
. 70 in f-
except the officers. / do not want to kill
another man." He thought the remark
might have been made. and might have
been called out by the intense excitement
and the crowd that was growing outside.
When DR.. Fort was excused, the sttOr-
ney general said:
THE state does not know whether it
will offer any more in testimony in chief
or not. We will know at D. m. ask
an adjournment to that time"
''It IS granted" said the court.
The state has fifty-two witnesses yet to
testify, but expects to use most of them
in rebuttal OF the self-defense theory.
No Applause Allowed
When proceedings were resumed after
luncheon, Judge Hart raped for order
and said:
Ladies and Gentlemen: Upon several
occasions have noted a tendency to ap-
plaud. In one instance, the court sup
pressed II with much trouble. At the re-
quest OF counsel on both sides, I ask you
to desist from showing any feeling I
feel sure IL is only necessary to ask you
TO refrain. because I am confident the
display was due to thoughtlessness. OF
course, should any demonstration take
piece after this warning. the court will be
compelled. reluctantly, to resort to more
severe measures"
Senate Clerk Testifies
!, (. w. Thomas, clerk of the state
senate, was the first witness after the
noon recess Wednesday.
He said he met John Sharp an hour
, after the tragedy: asked for details. and
the latter replied that he did not know
anything about It, He also saw Robin
Cooper at IL a. m. on November 9, sitting
in the window OF the Tulane hotel, across
the street from Carmack's office.
Undertaken on Stand
G. W. Cooper then corroborated the
testimony of Charles II. Warwick that
Robin Cooper had said Carmack should
have been in hell twenty years ago. He
admitted, however. that he didn't know
Robin Cooper. but had been told that the
man who used the expression was young
Cooper.
W. G. Jones. who embalmed Senator
Carmack's body, was then called He de-
scribed how his firm was notified and
how he went for the body. He was pres
ent when two physicians examined the
body. The witness made notes on the
wounds. One went into the left side and
was cut out OF the right side Of the body
below the shoulder. Another entered the
left side of the abdomen and was cut
ont of the right side five inches from
the navel. The third entered the neck.
T. half an inch TO the left of the spine, ano
was found under the tongue The wounds