The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-12
c when he used that language.
Sharp's Part in the Killing.

| nee NNcll Ic uStu l!ldL IdIS u'Sc.
Sharp's Part in the Killing.
Gen. Meek took up John Sharp's
case He asked the jury if they were
going to hang a man because he said
Carmack ':should have been dead and
in hell twenty years ago" He de-
clared there was no evidence against
Sharp to connect him with the kill
ing. The State declares,' said the
general, "that these defendants must
have known that Senator CarmacH
would pass the point at which they
met him at the time they met him.
Well, why didn't they prove it? Sena-
tor Carmack stopped at the drug
store, stopped to help Mrs. Williams
on a car, stopped to. talk to Jordan
Stokes. Are these all eonspiSatocs? {?
For if he had not stopped to talk he
would never have met the Coopers.
The conspiracy case, gentlemen, is
foolish, unreasonable and impossi-
ble.'
Gen. Meeks argued that Col. Coop
er, having decided not to press his
demands upon Carmack, walked over
to talk the matter over peaceably;
that having failed to send the note,
which he knew, and Carmaek knew,
was to be the declaration of war, he
had no idea of trouble.
Cooper's Purpose Peaceful.
"And he never even drew his gun
when he saw his own son engaged in
a revolver duel with his deadly enemy.
How do I know it? From the States
star witness, Mrs. Eastman, who nev-
er told anything favorable to the de-
fence and told everything she knew
against the accused. But she says
when she turned around that she saw
Col. Cooper standing with hands ex-
tended, empty.
"There is nothing in any ones tes-
timony-except' Col. Coopers-that
Col. Cooper ever drew a gun. He said
he did, after the shooting stopped,
and asked why, he replied: "To kill
Carmack if jhe killed my son.
He declared Mrs. Eastman was
frightened and nysterical and could
not remember all that actually occur
red. He then went to the defence Of
Binning, the witness arrested on a
tperjury charge, and asserted with
vigor that every word testified t. oy
Binning was true. He described Bin
ming as an old farmer, illiterate and
poor, but who told the truth.
"We say,''' said Gen. Meek, "hat
Col. Cooper went over to Carmaek
with his hands open as he had right
to do; that he committed no overt
act; that Carmack met him with
drawn revolver, belehing flame and
bullets. We claim that when Robin
saw the deadly weapon he jumped IN
front Of his father and took the two
bullets ai=aed at the latter. We claim
that then, and not until then, did Rob-
in open fire and kill Carmack as the
latt er was trying to shoot him again. y
den. Meek quoted at length from
authorities as to the doctrine Of self
defence and what constituted an overt
act and concluded with an appeal to
! the jury to study the evidence careful
| ly.
"We regret the death Of any one.
But in our regret for the dead we
should not do the living an injustice.
I ask you gentlemen to bring in YER
dict of not guilty against these de-
PENDANTS. Turn the old man loose
and let him once more meet upon the
streets remnants Of that old band
that went with him in the early six
ties. Turn him loose and let hlm
meet and shake the hands Of that gal
liant grav-eoated crew. Gentlemen, l
thank you"
Court adjourned until 9 o'clock to-
morrow, when Gen. Garner will ad-
dress the jury.
| Facts in the Cause