The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-03-02

tilted it by number or merely by gen
| eral appearance. He said by general ap-
pearance. The state still contends that
this gun is the property of eX-Sherin
| John D. Sharp
DIR. l.. L. Carpenter testified that on
| Saturday he took two revolvers-the au-
| tomato and one similar to the one Car
mack is said to have used-and expert
mented as to the loudness Of the report
| they made when discharged "At 80 feet
| the difference in the sound was appar-
| ent but not marked. The larger revolver
/ made more noise while the automatic was
| not so loud but more of a sharp crack
AT 100 feet the detection of the diff
ference in the sound was easier. The
| further 1 got away from the revolvers,
| the easier it was to distinguish between
the reports up to 12s feet which was as
! far as l stood"
| Cross-examined he said he didn't know
! whether smokeless powder would sound
louder than black powder He also said
] he was not an expert on firearms.
Test of Similar Pistol.
Il wish to say" said Judge Anderson,
that l wanted the pistol in the case but
| it was deemed best not to shoot the
| Carmack pistol again. We got one like
| it and used tile pistol Robin carried as
Henry Chadwell, steward of the coun-
! ty asylum, corroborated DR.. Carpenters
| testimony.
l. T. Rhea, a grain dealer testified that
| Attorney James Bradford was accustomed
to answer the phone himself Miss Lee
had testified that Bradford never did this
| until the afternoon of the tragedy, thus
| implying that a telephone message was
expected.
The state objected to the testimony and
an argument ensued as to what Miss
Lee really said.
The court sustained the defense and the
court permitted the question. Rhea said
he had known Bradford for years and
knew that he often answered the phone
himself. Cross-eXamined Rhea could not
say hiw often he visited Bradfords Of
flee or how often he heard Bradford an
swer the phone.
Paul Davis Testlfies.
Paul Davis, secretary of a land COM
pany of which Bradford is president and
whose offices are net to the latter's, tes
titled to the same effect. Didn't Miss
Lee ask you if something unusual was
not going on, inquired Attorney Cen
eral Garner, and did not you reply:
Colonel Cooper is going to kill somebody
if they do not lookout? "
Il mo, sir"
7 Nor words TO that enectI'
Not that l can recall"
But she may have said something like
that?'
Il do not remember that she did
Didn't you tell Miss Lee when getting
the jury, that you would swear to a
lie to get on?'
At this point court adjourned until
2 p. m.
Pulled Out Revolver
After the noon recess the defense called
S. j. Binnings, who testified that he
was at the office of the Nashville Ten
nesean about $3.50 p. m. the day of the
tragedy to complain about a failure to
receive his paper. From the Tennessean
office he went to the capitol building.
AT the TenneSsean office who did you
see?'' asked General Meeks.
Il saw Mr.. Carmack and three other
gentlemen
What were they doing?'
They were talking"
You knew Senator Carmack?'
Yes, 1 knew him, somewhat"
What happened?"
He talked to the gentlemen and then
had paper in his hand. He walked out
of the door and as he did so he put the
paper in his right hand overcoat pocket"
Did you see Carmack?"
Yes; l told him of not getting the
paper. tdTilldck gave me one. l walked
on down Church street and when | got
in front of a side door to DR.. Ewes
office | saw some gentlemen talking to a
lady. The lady was in the buggy, the
gentlemen on the street. l thought 1t
was DIR. Eve and waited to talk to him,
but learned soon it was not the doctor,
SO 1 walked on up Seventh avenue.
when l got near the alley l paused
to light pipe and as I did 50, 1 saw
a0x .4.I
across the street, behind the senator, and
he did not seem to see me. AS 1 passed
over he put his right hand in his peck
ct and raised a revolver out of his over
coat pocket, his right thumb on the CYL
inder and moved the cylinder around
At the same time he pulled a paper out
of his coat pocket with his left hand."
What did he do with the revolver?'
Just turned 1t in his pocket"
''Then what?"
Il walked on and in a minute / heard
two shots. l looked around as 1 had
passed Senator Carmack. l saw the sem
ator standing in the street.
What did you dor
Il kept a-going. l took one look and
never looked around again. l heard two
or three shots in a minute
You may cross-examine,n said Meeks
Binning From Illinois.
Binning said he had been in Nashville
only twice and came here from Dan
vile, ILL., He has lived here two years,
this last time
Just at present he is out of a job,
but until recently had worked for the
street railway and electric light company
General Garner went at the witness
with vigor and greatly confused him on
minor details.
You know it was a pistol you saw
Senator Carmack raise from his pocket?"
Yes; l know it was
you swear 1t was?"
Yes"
What kind of pistol?"
Il don't know. 1t was a steel pis-
toll"
IA bright or dark steel?"
"A shiny nickel pistol
New Sensation.
This was a decided sensation for the
revolver said to be Senator Carmacks Is
blue Steel while the one taken from
Colonel Cooper was nickel plated. The
state has always commended that the blue
steel gun found near the dead senator's
body was Colonel Cooper's. On the 9TH
er hand, the man who loaned Senator
Carmack his revolver, Major Vertrees,
has sworn that the weapon was blue