Evening star., 1909-03-07
|ALl PROOF IS NOW IN MOORE GIVES DINNER
Defense and State Rest in Pennsylvania Representative
Cooper Trial. Entertains Large Party.
ARGUMENTS BEGIN MONDAY UNCLE JOE CANNON TALKS
Side Discusses Rules and Prac
Address Jury tices Of the House.
NO TIME LIMIT IS MADE COCHRAN COMMENDS SPEAKER
Decided President Sherman the Guest OF
foreEn nd of Week Honor-Says Things
surrebut
Defense and State Rest in
Cooper Trial.
ARGUMENTS BEGIN MONDAY
Three Attorneys on Each Side to
Address Jury.
NO TIME LIMIT IS MADE
Case Will Probably Be Decided Be-
fore End of Week-Rebuttal and
Surrebuttal Witnesses.

NASHVILLE, Tenn, March 6.-After
short session today both state and de-
| fense closed in the case against Col. D.
3. Cooper Robin ]. Cooper and John D.
Sharp for the murder of former Senator
| T.. w. Carmack. The end OF the famous
| trial is in sight.
| The arguments, which begin Monday,
are not restricted as to time. But by
agreement of counsel only three lawyers
will speak for each side. The case
should be in the jury's hands by the end
of next week
| Capt. Fitzhugh OF Memphis will open
| the argument for the state, followed by
Gen. William Washington for the de-
fense. Gen. ]. b. Garner will speak next
| for the prosecution.
Then will come Gen. Meeks and Judge
Anderson of the defense. Attorney Cen
eral McCarn will make the closing argu-
| ment.
There have been fourteen days of actual
| testimony. Nearly five weeks were spent
selecting the jury. The trial is now, there
| fore. nearing its seventh week.
| The session today was uninteresting.
| Little evidence was heard. Both sides
introduced a few witnesses in rebuttal on
| the smaller points in the case and then
| went into conference.
L
summer-like weather the arrival of
planting time and fretting under the un
wonted restrictions of guards and close
| confinement, welcome the approachin&a
end with every evidence of satisfaction.
When they reached their room after ad-
journment they gave vent to delight by
cheering loudly.
Testimony as to Poles Ruled Out.
! The day opened with an unsuccessful
/ hv he at n N
dence as to the exact position of the two
| telegraph poles between which the de-
fense claims Carmack shot at Robin
Cooper. The states theory of the loca-
tion OF the poles is that Senator Car
mack could not have shot young Cooper
| by firing between them. The court ruled
| that their position was sufficiently COW
cred in previous testimony.
| Then the state called G. H. Farrell,
| who is employed in the Tennessean Of
WAS Senator Carmack in the bust
that afternoon" asked Gen. Garner.
| He was not"
Rinning, the witness who was arrested
for perjury last night. had testified that
Mrs. 6. H. Williams. who saw sena-
was killed. testified that his manner
was very calm and pleasant. He told
her he was going home.
Mrs. ]. c. McCrory saw Mrs. Eastman
a few moments after the shooting and
accompanied her to Miss Forts apart
ments, holding one Of Mrs. Eastman's 8
arms:
} or any other man. take him by the coat
lapels and tell him Of the shooting?"
Il never saw Mr.. Morgan. Mrs. East
not not" have a u" taken | hold OF Of any ones iapeIs.
for / held one Of her arms and Miss
Fort the other"
/ Agreement Of Attorneys.
} Attorneys on both sides then agreed
that the original note written at Mrs.
Burch's home was never introduced In
evidence: that the second note. written
by Col. Cooper at the Maxwell House
and given to Judge Bradford was pro-
turned to Bradford and that he says he
lost it; that the note introduced now is
a copy Of the note Judge Bradford says
he lost
Immediately after this agreement was
read Attorney Garner said:
Tho state rests
buttal." remarked Judge Anderson for
the defense. Call Mrs. Sperry."
Mrs. Sperry said she was the Maxwell
House stenographer. and that November
9. the day of the tragedy. Col. Cooper die
tated a letter to her from note or man.
of 1t. The state objected to the produc-
tion of this carbon copy and the jury
was taken out.
should be introduced in rebutfal Of at
tacks made upon the testimony Of Judge
Bradford. The court refused to permit
it's Introduction, holding that 1t should
have been introduced during the case in
chief.
While the jury was out Mrs. Sperry said
she was asked by Col Cooper to make
the carbon copy. and it is not her custom
to make such carbon copies. she gave
, this copy to Cooper with the letters.
The state tried to get before the jury
the fact that the witness had not kept the
carbon copy in her own possession, but
. the court refused to permit IT.
Charlie Burch. son-in-laW or Col
: Cooper, was called by the defense. he
said he was in attendance at the hear.
, ing for bond and that he remembered that
the letter or note OF Col. cooper 10 MT
Carmack was misplaced.
: State Witness Discredited.
The defense next recalled DR.. r. L.
: Thompson. a druggist, who said that Sen
ator Carmack was In his drug store few
, minutes before the shooting. Thompson
was introduced to testify that Carmack
helped himself to a cigar.
c. Fl. Farrell, one of the state S VIII
! nesses today swore Carmack bought 9
! cigar from d clerk.The defense attempted
to impeach Farrell. but the court ruled
it out.
THE defense rests" said Judge Ander
son.
1--WE ask until Monday to prepare fol
! argument" said Attorney General Garner
Take the jury out" was the court
order If thought either of you woule
Y reopen your case Monday, L would make
one of you make a speech today
When the jury was withdrawn the
Q Judge inquired how much time was need
:, ed for argument.
e 1--WE do not want any time limit" sale
= Judge Anderson. 1.-The case Is too i'm
portant"
!; Counsel on both sides conferred. Ther
:; Judge Anderson said:
1--WE agree to have three speeches or
. each side. We want no time limit. L
I the jury can stand it. you can, your
. honor
) Il do not know" said the court. Still
= if YOU will use discretion and not en-
/. danger your own lives. why, / will agree
We will start the argument at O'Clock
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