Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-06
was few moments delay awaiting
the arrival of General McCarn

To prove, that senator Carmack was
| south of the poles and fired between
| them. We wan, 10 r"hut this t"s'i
monv t.. proving that h" could not
have done SO.
| The witness sMnr" that hr passed
the poles daily before the shooting
and knew the enact locations nf each
The argument Was resumed and maj
| ,y the state admitted il ha" "Nr"ri'
| mrntcd with u dummy pole. TN" de-
frns" then objected strongly. Th'
court asked IL the witness had placed
the dummy pole from actual measure
m.uts ruad. when the ORIGINAL pol"
was III position.
Nc. >ir" said Captain fitzhush
The witness placed the dummy
| poll. III position from actual knowi'
| edge. ui WHERE tn" old p0lr stood OBJ
| tanned ~ III" use of "yes?''
"lf W.T. star, that. gentlemen, re
| piled JUDGE Hart. we viii b" mere 4
| six weeks IN this line alone. VIII
| not admit it unless The record SHOW
| in detail that the position OF the
| l,ulcS has NOT been proven.
| 1T viii take tire" hours I" exam
inr the records" said General McCarn
| We will tax" thrr" hours som"
| other time. then. WAS III" court : re-
| inintrr. Just now "" AZ" Goin. IL"
proceed with the rial. he STATE
! then called A. b. M"l.anc. chief dcpat\
United states marshal. VIII" Was asked
rs 1" the condition of the atmosphrr"
| tn" day of the killing.
! Objection From Defense.
The defense objected on the ground
| hat the same thing had been proven
before. several witnesses SwOrc fha'
Nov y was one of the clOudicSt days
| in the history of Nashville, and that
| a nail of smoke from forest ires was
hanging over the city. Tn" court
| sustained the defense. and the witness
WAS excused. "Call Miss Ella Lamb,
| The witness a tr!my -Gowned. sell
! possessed Young woman, AT first id"nt
| ificI the different buildings on tn"
| man of the scene Of the tragedy.
She lived on seventh avenue aud
at the time of the tragedy. near
where it happened"
DO YOU know the day senator car
mack was killed. asked General Car
Rcr.
81 do. | was at home in III" base
! mcnt near the south window. sewing
and facing the windows.
Did Won see senator Carmack the
afternoon before the killing
Il did. he passed. knew him by
sight. he passed often.
How often"
| The defense objected aud was sus'
tanned
Were YOU near enough to that
gate near yOnr window to hear
match struck"
Il think so
What Bennins Swore.
| Witness Binning swore he struck
, a match on that gate just as Car
mack passed to his DEATH
Did YOU sec any one pass except
| Senator Carmack?"
! Il did not.
! You had IA good view up the
street."
| VERY good. nnObstructed.
| did you hear shots fred:
Il heard them
| What did You do?"
| 4 jumped up. looked om. saw moth
ing Oh the east side but saw group
| of people. over at the telephone poles.
Did you Sc" auv person on tn"
east side OF Seventh avenue. on tn"
street. on tn" sidewalk or on tn" path
IacrnSs the lot"
| Il did not
! This finally contradicts thinning.
who sworc NJ was walking along tn"
line indicated lv General Garner in
his question to the witness.
| You saw no one across the street
near Senator Carmack as h" passed."
NO one.
| You saw no one pass at that time
except Senator Carmack?"
No one smoking pipe"
| No one"
The defense asked bat few questions
on cross examination. One was:
Was there horse and buggy in from
of your window"
! There was"
General Garner asked her II his OBJ
structed her view. and she said II did
not as the Shots came from up the
street and that Is the way she look
ed
Former state TREASURE I'D. Craig.
who carried Colonc! toopcr's threat
; to Carmack was recalled by Captain
Fitzhnsh
Did You tell Colonel Cooper hat
his name would not appear in tn"
T"nnessean again
II did not
did YOU Civ chin any sIch as
surancc. directly or indireCtly"''
-! did not
did Colonel Cooper III either inter
,i"x express dcsir" for personal
interview with Carmack and say h"
would come to IL unarmrd:
No such statement was made.
Did vou tell Colonel Cooper that
Carmack was in an ugly humor or
ICgl.. moOd?''
The defense objected. hui the court
gustaindn the state.
Il couII not and did no; max" such
statement and Tho defense 5