The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-02

Col. Cooper resumed the stand
when court opened and said:
II wish to make one statement. My
testimony yesterday as to helping an
old soldier with money, as I read it in
the stenographer's transcript this
morning, was misunderstood, and I
am afraid it is my fault. I secured
81, 1850 from my farm. I gave only
$50 Of it to the old soldier, but evi-
dently every one thought I said ST.
$50. That's all.'
Cooper was then excused.
After some delay in waiting for a
witness who did not arrive, Lieut.. NJ.
D. Pitcher, u. S. A., who found the
revolver near Carmack's body, was
called by the defense. He said he
had just left the club block away
from the tragedy before the killing
and saw a crowd. He approached and
found Senator Carmack lying in the
gutter, face down. His rigut hand
was extended and the revolver was
eight inches from the hand. Witness
picked up the revolver and broke it.
It contained four loaded shells anl
two empty c:.es. It was .3S calibGe
hammerless.
On cross-examination F1lcher said
he had no means of knowing how long
It had been since the revoi1er Lad
been fired.
Sergt. Meadows Of the Nashville
police was the next witness. He went
to Forts infirmary and got from Pa
trolman Vaughn two revolvers-Rob-
in's .32 automatic Colt and the one
found by Lieut.. Pitcher. Later he re-
ceived from Sergt. Dead a nickel
plated revolver which had not been
fired and which was said to have been
taken from Col. Duncan Cooper.
On cross-examination he could not
positively identify the guns. He had
turned them over to the lieutenant Of
police at the station and on the next
day took them to the clerk Of the
criminal court, Vernon Sharp, brother
Of John Sharpe.
Maj. Vertres' Testimony.
Maj. W. o. Vertres, the next wit
ness, was to try a suit in chancery
court with Robin Cooper the day Of
the tragedy. Robin during the morn
ing twice had the suit continued, and
when he arrived at 1 p. m. said: II
am sorry to have detained you, but L
had matter I could not leave for any
lawsuit -
"Did you see Senator Carmack or
talk to him on important topics Sun
day night9"
"I did. I was calling on young
lady,
"Don't give her nane.'
The call was interrupted by tele-
phone message that Senator Carmack
wanted him. Maj. Vertres went to
Senator Carmack' s office.
"What did Senator Carmack ask
Of you?"
"He said he wanted a revolver and
I loaned him mine.'
"Did that revolver have anything
on it?'
EDO you mean scabbard? Yes,
it had a little rubber tip"
"Is this scabbard yours?'
eyes, sir. The revolver is mine,
too.'
"Was it loaded in every cham
ber?"
"It was"
The witness said the next he saw Of
this revolver was in the presence Of
the attorney general when he identi-
fled as his the revolver found near
Carmack's body.
"You know Mr.. Carmack?'
Yes, sir. was MS pest mall aI
his wedding'
At this Mrs. Carmack turned to
her sister, buried her head on her
shoulder and broke into tears.
The State began cross-examlnatlon
at this point.
Defense's Objection Sustained.
The defense objected to testimony
as to Carmack's demeanor the night
before the shooting, and was sustain
ed.
Judge Hart ruled that Maj. Fer-
tres could not testify as to what
transnired in Senator Carmack's OF
flee he night before the shooting.
The tate then resumed cross-exannln-
alton through Attorney General Gar