The Birmingham age-herald., 1909-03-05

the state and General Washington of the defense. General Garner said:
 General Washington persists in asking questions which he knows and must know are incompetent. l ask the court to instruct him not to do this. I will not say why he is doing it--the purpose is too plain
 ''I object to being lectured by the states counsel,' said General Washington "Sit down, both of you,S interrupted Judge Hart Any lecture or humorous com ment in this case is in the province of the court, and the court will attend to this feature of the trial.'
 Benning was excused and left the stand with great evidence of relief and court adjourned uEtil D. m.
 Afternoon Session.
 Charles Hayden, one of the defendants witnesses, who was not cross-examined when he left, was recalled by the state for that purpose. Hayden was in Judge Bradfords office when the conference between Colonel Cooper, Robin, Bradford and Gen. Fully Brown took place just be- fore the shooting. Hayden stated that the door was closed during the conference contrary to the testimony of Colonel Cooper and Judge Bradford. He denied, too, that anyone called Colonel Coop CT to the phone. General Brown swore Colonel Cooper talked to the governor and the governor asked Cooper to come to the mansion. If Haydens testimony is accurate then the excuse the Coopers had for being on Seventh avenue that afternoon falls.
 Dr. Glasgow was again recalled and asked
 Would it be possible, doctor, for a bullet in the shoulder, such as you have heard Robin Cooper received to work out?'
 No. sir. l do not think so I do not believe it would be possible for it to get out in "A hours. The muscles would close on it and it would come out by suppuration and that would be impossible in "A hours.''f
 Attorneys WranaIe.
 The defense started to cross-examine the doctor and Attorney General McCarn objected saying:
 He is your witness and you cannot impeach him..
 ''The doctor is not our witness" said Judge Anderson.
 He is; you bought him"
 Because you subpoenaed him and would not use him."
 "Gentlemen,' interrupted Judge Hart, q thought you settled that little affair to your mutual satisfaction the other day. The defense can test the witness knowledge or memory"
 The doctor was asked to examine Rob- in's clothing and see if a bullet had not passed through it. The doctor thought one had To the attorney generals oo- jections Judge Anderson replied sharply and there was a laugh.
 q wish the court would stop this gang from laughing every time the attorney general says anything,i said Anderson.
 Some people here-eight or ten of them have perverted sense of humor," con- tinued Judge Anderson.
 Judge Hart warned the audience not to make any further demonstrat tion.
 This is not a theatre he said Tt is a serious law suit and we must have absolute order"
 Vertrees Recalled.
 The state then recalled Major Vertrees, who gave Senator Carmack the revolver, for rcross-examination. The first question developed a light. The state asked the major to detail all that was said when he gave Carmack the revolver.
 That is pure and open contempt or court" shouted Judge Anderson, almost before General Gamers question was completed. '"They are trying to show the deceased senator's state of mind, and that has been excluded"
 It was agreed to submit a brief and await a decision tomorrow.
 Recall Judge Bradford" said General McCarn.
 Didn't you show Colonel Coopers note to Carmack to John Vertress on the day l of the murder, and ask him to deliver 1t ! to the senator?" T did not.' | And didn't MT. Vertress say he would l not because the editorials in question did 1 not warrant such strong language?" ] The defense objected and the court sus- l tained it because the witness denied ever 1 asking Mir Vertress to deliver the note. l On redirect examination Judge Brad ford said he telephoned to MT. VertresS when he failed to get Colonel Shook.
 q wanted to ask him to see Senator Carmack and ask that the publications be stopped. I found MT. Vertress at the Utopia hotel at lunch. We sat down to- gether and l spoke to him about the ar fair
 Did MT. Vertress agree to see Car mack?"
 NO sir. He said he was intimate with both men, friends of both, and did not want to get mixed up. Besides he said he was not close enough to either to act as mediator"
 Didn't he refuse because he said that 1 the editorials were not severe enough to justify Colonel Cooper's demands?" | No sir
 Miss Skeffington Recalled. 1 Miss Skeffington, the pretty young state 1 librarian, who asked John D. Sharp | what the shooting was and heard him l say. ''It is Dune Cooper killing Car i mack" was then recalled by the state. l She was asked if John Sharp, in answer to her question as to what it was said: 1 Its a shooting between Cooper and 1 Carmack."
 l No sir, he did not.' Were you in a position to see a person ] stepping upon the pavement across the | street?"
 T was"
 Did you see any one go up the path across the corner?"
 This question was aimed to prove that 1 S. J. Benning, who swore he entered the 1 path just as the shots were fired. was | not there.
 l q saw no one" l John J. Vertrees on Stand. | John J. Vertrees, a brother of Major I VertreeS was then called to contra