The Montgomery advertiser., 1909-02-19
STATE CLOSES COOPER TRIAL Court Adjourns Until Saturday. MAY CALL MORE WITNESSES Effort to Implieate Lawyers for
 Defense. mc.bbsra Was Put In Coat Pocket of Senator Carmaci<. According To Theory of The Prose-
 cution,
 


 pn the part of the defense to arrange hts plan of procedure caused an ad- l5ournment today until Saturday in the Eoopcr-sharp trial for the murder or korner Senator E. W. Carmack.
 The state first announced that 1t Eeested it's case in chief. When the de- Iaense asked until Saturday to prepare and the continuance was granted, Att torney General MeCarn announced that some missing witnesses would be here by that time and that he would offer their testimony.
 The state has satisfied itself with offering testimony to prove that Sena- tor Carmack was slain in Nashville by Robin J. and Duncan B. Cooper, that John D. Sharp, when he heard the shots, knew what they were with out looking around and that prior to Ithe killing several conferences had been held. This. the state contends slays the foundation for proof of con- Ispiraoy. The state stops here and swaits for the defense to offer its case.
 Attorney General McCarn has sub lpoenaed sixy-four witnesses and has kused scarcely a score. The others twill be held in reserve for rebuttal.
 
 mons. but says its witnesses will be present without court process. By not Issuing subpoenas 1t prevents the state from knowing it's witnesses names.
 The only incident of today's testi- uiony was the states attempt to prove by implication that the pistol holster found in the dead Senator's ovefcoat pocket was put there by one of the at- Horneys for the defense when a few weeks ago, he went to the morgue and tried on the overcoat. Two witnesses tesehied it was not in the pocket when the senator was killed. It was xound in the pocket by General Wash 1ngsDn of counsel for the defense when he tried on the overeoat.
 Jtdge Hart's little homfiy on the wtrtues of puncthality, assisted by his smplted threat to fine the tardy ofaee !AaH a wholesome effect upon counsel on both sides ,4nd they were in their seats. ready to proceed when the judi cial gavel notified the eshefifR to open court. Tbe judges first order was to clear the corridors and stairways Og loafers and curious ones 50 that the women who attended might have an rnimpeded passage to the best seats The judge also. over night. had the seats in the balcony raised to grade @ that an unobstructed view might be had of the entire proceedings.
 That the state does not intend to let the finding of a supposed pistol holster in Senator Carmack'S overcoat this morning when the first witness was called. This witness was Finley Doris. a member of the undertaking nrm which embAln1ed Senator Car maelE's body. Doris said he examin- ed the pockets of the clothing of the desd man the night of the killing and again. at the request of the states at- torneys. before the hearing for ball. He was positive that he searched each pocket and that the scabbard was not in the 0vercoat pocket when the body was brought in and was not in 1t at the time of the application for bail.
 Lawyers Xmpeached.
 'F1as anyone else examined the .cIothingr'
 Mr. Meeks, counsel for the defense, e&amined 1t. with my consent"
 "When7''
 'since the application for bail7"
 can that holster be crumpled up and concealed in the hand?
 Tt can. readily"
 It will be recalled that W. c. Jones, the embalmer. was recalled by counsel asked to search the dead mans oyerl coat pocket and tell what he found. He produced the small rubber holster, to his evident astonlshment for he swore it was not in the pocket the niwsxE of the killing.
 General Washington cross-examfned hirn. The witness said the article was a rubber shield worn. on the end of a wearing the pocket. Washington revolver to prevent the barrel from was going more into detail, when Judge Anderson, chief counsel fo rthe defense, leaned over and evidently dis approved for in the middle of ques- lion the witness was excused.
 William Murray, book keeper for Doris, told how General Washington and attorney Meeks examined Senator Carmacl's clothing few days after khe application for bond.
 'sThey came in and examined the clothing carefully and General Wash ington put on the overcoat. He turned slowly around and put both hands in- to the overcoat pockets. Suddenly, he drew out his right hand and this thingY asked General Washington. holding Nhe scabbard out to me. It Sa a pistol scabbard said I. Neither General washington nor Mir. Meeks aeemed to know what sc9bbaPd or hoIster was, until told them" and the witness laughed sarcasticaIly.
 General washington again croas-ex- amined and made the witness say: 'I am aatIafiad you had nothing in your hand when you put on the overcoat."
 Mrs. Eastmans when on the stand. testifed that as Senator Carmack reached for his revolver with his right hand, he turned his left towards his right side, She also said that the re- voiyer came out barrel up. Washing ton tried to show by the witness that if this holster or scabbard were on the revolver barrel. 1t would look like the handle of a revolver and that 1t was 4hIa scabbard on the barrel which gave Mrs. Eastman the impression that the t~un was inverted. The>State objected srd the court sustained the objection.
 PatrOlman TestAfes.
 Patrolman Robert Vaughan, the arr resting ofBcer, told how he heard the shota and ran to the scene. He saw the body and was told that one of the nrincipalB had been wounded and had rone to Forts infirmary. He found Colonel Cooper and Robin Cooper there, the latter lying on couch.
 "Robin spoke to me, and said; Papa. give Mfr. Vaughan my gum The Colonel ~ot an automatic revolver out of an oyercoat lying on a chair"