The Montgomery advertiser., 1909-03-14

at the moment the victim would have fallen with his face to the east. yet when found his face was to the west. There, gentlemen. are some of the phys ical facts which prove that the defend- ants do not tell the truth" General McCarn then took up the au- topsy and the testimony of Dr. Glas- gow. He declared that the State had a right to hold that testimony until in rebuttal The State was ready to show that the bullet wounds were not in- fiicted as the defendants said they were.
 Defends Himself.
 "Why, you men are my friends and neighbors. You know that would not suppress any information throwing light on a case. I am not murderer and an Attorney General who would suppress facts Is a murderer. And Washington accused me of suppressing information about Senator Carmack's pistol. Why, gentlemen. 1t is not in the record. but they will not deny that I went to each of them and told them that there would be no dispute over Car mack's pistol, that 1 knew the truth. But they say we did not put 1t in our case in chief. No. we did not because his honor ruled that we could not show Senator Carmack's mental condition in our case in chief.
 And we knew of that scabbard. too, for we went up twice and searched for it, but we could not find it. and We did not find 1t until 1t was drawn out on the stand. Now somebody else knew about 1t, too, the Cooper's and John Sharp knew of It. Why shouldn't they? They are not ordinary prisoners They do not have to stay in cells. They talk to their friends at any time without an officers presence, contrary to the laws of Tennessee. Even Binning could
 hA uAnh htan think it was left in Carmacks hip pocket in his trousers. That's our be- lief But Binning put the reVoiVer Tn Carmack's overcoat pocket. gentlemen he said he saw 1t there. so the scao. bard had to be there. too, and It was
 General Washington jumped up ana angrily asked: =, ,o.,. ...,, ware looking for the scabbard?
 s'No sir. 1 did not, l was not teIing my case to Mir Doris. Did you tell him you were looking for scapoaro when you went there|
 There was shriek of laughter an outburst of handclapping and some thing that sounded like a cheer. Judge Hart;s face grew white with anger and his gavel rang loud upon the desk "If such an outrage occurs again, will clear this court room" General McCarn then took up the action of the defendants after the tragedy and described how Colonel | Cooper had called his daughter. Mrs Burch and said:
 Its all over. Robin has killed carmack."
 What was the meaning?" inquired | the attorney general. Why did he resume an old discussion? Why. If they all feared Carmack would kill did he say It's all over. because. gen. 1 tlemen. they knew what they went out | to do, and they announced the con summation of the deed with the ex- pressioT Its all over
 Next there is Binning. I knew this
 man was lying and so did you. He came here accredited by the defence. I don't know why they accepted him.
 But If I ever get hard up, I am going
 10 sell gold bricks to counsel for the
 defense. Binning saw Senator Car
 mack twirling revolver cylinder l which would not twirl. He remember
 'd that he struck a match on a hinge | Nt gate. but he could not remember
 how he went home that night.