The Montgomery advertiser., 1909-03-03
to Ml,. L.e after h. va. as.ar,

killed him as you would snakeFt
 No. sir"
 statement for the press which Tas sent out to The Associated Press7" No sir"
 Who dictated the statementT MT. Ewing had stenograpnor there and Mir. McConnico and some others were busy getting the facts to- gether."
 Didn't you dictate ,thesstatement which was. entitled The Facts in Inc caseT"
 NO sir I do not remember that the statement was dictated by any one man. It may be that I helped with it. Then later the statement idea was aban- doned"
 But it was published in The Amsri- can was 1t notT' ,E
 Not that one"
 Didn't you say when discussing the effect of the shooting on Robin Cooper's future that it would not affect him and that you would take him on your arm and carry him through it?'
 T certainly believe in the boys i'm, noncence and probably said I would take him on my arm and carry him through. Whether I said 1t or not, I propose to do it."
 The attorney general returned to the conference but Judge Bradford said:
 Explains Press statement.
 General. before you get away from that press statement. I want to ex- plain. AS soon as I got to the station that night, I wrote in my own hanj- writing what I personally knew of the trouble and gave it to MT. Ewing. He had other memoranda he had secured from other sources. He was to put them all together"
 And some of these notes were about facts about which you knew nothing?"
 "Oh yes"
 But they were used with yours?"
 T do not know. I never read the statement"
 "Who else prepared notesr
 Mir. McConnico. believe"
 The attorney general returned to the conference in Bradford's office before the killing. The defense interrupted to recall General Brown and ask If he noted anything unusual in Robins manner as he left the office the after noon just before the shooting. He did not. Neither did Judge Bradford
 Bradford denied that he ever wrote a detailed statement of the tragedy and sent it out to friends. He did prepare brief or synopsis of the defense's theory of the tragedy for counsel's own use.
 Attorney General McCarn reverted again and again to the composite statement prepared at the police sta- ton for the press the night of the tragedy. but the witness denied having any part fin 1t outside of his own con tribution of such facts as he knew per sonaIly.
 'Dijn't you. instead of trying to keep Colonel Cooper from sending that nnta aro1 to deliver 1t to Carmack in person for the colonel?'-
 r T never did"
 When did you learn that Colonel Cooper was armed?"
 Tn Dr. Forts 4infirmary"
 And Robin?"
 T learned he was armed there also"
 Did you see the revolver then?"
 Colonel Cooper's, not Robins"
 That is all." said Mccarn.
 The defense had no further questions so court adjourned until D. m
 In order to save time, the State and defense got together immediately after luncheon and agreed upon statement of facts as to the plat of the vicinity of the crime the dis tances and measurements
 Editor Hill Called.
 Then the defense called Albert E. Hill editor and proprietor of The Labor Advocate. Hill heard Senator Carmack give an oration. at Glendale Park on Labor Day It was at this picnic that S. J. Benning, the wit ness so confused by the State. yester- day, said he saw Senator Carmack the last time before the day of the mur- der.
 The witness was introduced solely to corroborate Benning on this point
 Hill ina when he was excused the defense asked time for counsel to confer
 The attorneys were gone for nearly an hour and upon their return Judge Anderson said:
 The defense rests It's case"
 Then General Washington, for the defense, said:
 If it. please the court, the State has claimed the right to cross-exam- inc some of our witnesses later. Now, we insist. that they cross examine before our case in chief is closed. Of course should this crosS-examination develop something new we reserve the right to introduce new witnesses on the new testimony. Consequently we rest only in view of the States at- titude that it will not question our witnesses further"
 If we cross examine" said Attorney General McCarn, we will do so before we begin our case in rebuttal. We will not retire for a conference"
 This seems to be conference day." remarked the court.
 Recess Until Thursday.
 After the consultation General Mo- Carn, for the State. said:
 We will want to cross examine sev- eral of the defenses witnesses We ask for a continuance until Thursday morning at o'clock We have some witnesses to come from a distance. We had no idea the defense would close so soon. We can get these witnesses here by Thursday and we will begin the cross examination of the defenses s witnesses at that tlme"
 T granted the defense a continu- ance." said Judge Hart and I will do the same for the State"
 "The defense reserves the right to put witnesses on the stand after the States cross examination" said Judge Anderson, "so our resting our case is only tentative and contingent upon the action of Che State"
 q understand" said the court Now, ladies and gentlemen of the audience, you are excused until Thursday morn ing at g o'clock and I expect to see you all here at that time. MT. Sher- If, formally close the court"
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