The Montgomery advertiser., 1909-02-21
YOUNG COOPER TELLS OF CARlMACK,S DEATH
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 told him to tell Carmack that he must cease using his name in his paper: He said Mfr. Craig returned and said ne had seen Carmack. but Carmack would agree to nothing.
 Carn,ack Was Vicious.
 @As remember 1t. Mir. crsig said 70 papa that Carmack was in . vicious h{i- nor or mood. He sald he also told Craig to tell .carmack that unless he ceased using his name the town was not big enough to hold them both. .
 'T was greatly worried and said l believed my uncle could bring innu- ences to bear to show Carmacix the iii- justice of hisicourse. It was then that papa said, He had no right to use my name and have right to proseot myseif.' - T urged papa to see Mir. Bradford and warned him that MT. Carmach might resent such decisivs messages,
 The State objected to the last staee- ment and was sustained. ..,
 "Anything further in explanationl
 "Papa said he believed Mir. Bradford could help in the case and would see him later in the day. Tn the mean time, he said: If could have an in- terview with Mir. Carmack peneVe could settle-
 The entire counsel for the State were on their feet objecting and sharp argument followed as to how far ex- planatory remarks could go.
 The court held that anything in ex- planation was admissible, but that the latter remark as to Cooper's proposed interview with Carmack was incom- potent.
 : It was evident that the defense want ed this remark in. in order to account for Colonel Cooper's waiting for Car mack the day of the killing and to support It's theory that the defendant stopped Carmack merely to protest against the use of Cooper's name in the paper.
 Judge Hart insisted that the re- marks as to an interview with Car mack were not admissible.
 An Impassi0ned Plea.
 Then Judge Anderson, in an impas-' sloned plea, frankly admitted why the remark was essential The court was unmoved and sustained the state, to which defendants excepted
 After this conversation, what be- came of your father?"
 .He left the office and said he would be back later In the day"
 What did you do then P
 T telephoned my sister, Mrs. Burch."
 What did you say?''
 The State objected and was sus- tained.
 "what was the purpose of your tele- phontng?''
 My purpose was to get Mrs. Burch to find my father and keep him off the streets"
 T feared Mir, Carmack might have resented the message papa sent him and that there might be trouble"
 ''How old Is your father?"
 "He Is sixty-seven years old"
 And his physical condiiton?''
 His right hand Is crippled, the two smaller fingers of the hand are bent an and cannot be moved"
 This line of questioning indicates that the defense will not put Colonel Cooper on the stand.
 'sNVhat did you do then
 T went out and looked for papa but 0aiied to find him. returned to my of. flee and telephoned Governor Patterson ito ask him if he knew about the trou- ble. Next went to the office of my uncle, Robin Jones, and told him was very anxious to find papa. then went to the Tulane Hotel looking for him.
 awhy did you go to the TulaneF'
 Because Democratic headquarters gre there and papa frequanted them. It was on this occasion that was seen in the Tulane window across from Car naacl's oflce."
 Roban Got Fisiol.
 ssDid you get pistol that dayf"
 q did. got 1t from my uncie, Rob- in Jones. called him up and asked him if he had one. My purpose in get ting 1t was. this: From what papa had said, from telephone conversations, from the messages-
 "we object to his reasons,o said Att torney General McCarn.
 He may state his reasons as tending to show his own mental condition"
 ttTHF q. (okt -AN "a N. mack was very strong, and. knowing Carmack as did. feared he would re- sent it. could not find papa. knew he was on the streets, so at noon my uncle brought me the automatic revoi- yer. determined to find my father and if he must be on the streets. to stay and protect him.
 Maxwell Hotel, and asked him if he had seen Bradford. He said yes, he was tO see him at 3 D. Tn.. and that Bradford would try to adjust the trouble with Carmack. My father promised to. stay at the hotel until 3 D. m. Then went to court and tried the case" Was colonel Cooper back at your ot- flee about noon2"
 'No, SIT. Not while was there"
 "You did not hear him using the vio- lent language Miss Lee says she heard?"
 '7No, sire
 when did you return to the officer About ?. m., and went to work" Had you received any information from Mr. Bradford as to the movements of your father?"
 "Yes, sir"
 State what 1t was"
 The State objected but was overruled. 'AIr. Bradford told me not to worry, that 1t (the trouble) could be fixed up. He said father would be back at 3 p.l m. and that he (Bradford) proposed to in- sist that father should not send to Car mack a very violent note he had writ ten.
 COnfePence Was Held.
 "Father came in at p. n., followed shortly by AdJutant-General Fully Brown. Then I went into the office with them and was in and out. talked with father"
 What did you say2' The State objected and was sus- tained.
 How long did you stay there?"
 Until father and left"
 Where did your father say he was going?"
 "To the mansion to see Governor Patterson"
 "Did you offer to go a1ong9"
 "Yes. said to wait minute and I'd go with him.
 "Did you understand why your fa- ther was going to see Governor Pat terson3"
 "I did,"
 "Why was he going thereT'
 gro meet Governor Patterson and Mir. Austin Cooley at Governor Pat ferson's re0uest =