The Montgomery advertiser., 1909-03-10

spring is not worthy of the name of
 man and the son who will not fire to protect his father, Is not worthy to have a father"
 General Meeks again paid his re- spects to the State for the prosecu- : tion's intimation that he and General Washington had put the revolver scab- bard in Senator Carmack's overcoat pocket. He attacked the State for its failure to go more into detail as to tlre Carmack revolver and its position when found, for its attempt to prove that Robin fired first, and for its failure to introduce Dr. Glasgow to describe the autopsy.
 "Carmack shot Robin Cooper twice before Robin could draw his gun. The Colonel and his son were not there for war-they went there on a peaceful errand. The boy. taken by surprise. then drew hIs revolver and killed the man who was trying to kill him. Un- der the laws of God. of human nature. and of Tennessee. he Is guilty of no crime. And if Robin is guilty of no crime. then Colonel Cooper is guilty of none. And if the neither of the Coopers Is guilty, John Sharp cannot be guilty"
 The attorney next took up Mrs. East mans testimony and attacked it, claiming the witness was frightened anu nySlSIiCai anu COulu HOt EchAChoci all that actually occurred. He then went to the defense of Benning. the witness arrested on a perjury charge. and asserted with vigor that every word testified to by Benning was true. He described Benning as an old farmer. illtterate and poor. but who told the truth. He put up a good defense for Benning in those points upon which the witness was not attacked, but failed to explain his two stories about the color of Carmack's revolver or his statement after the killing that If he he'd been i've or ten minutes earlier. he would have seen the killing"
 No overt Act. "~A
 We say" said General Meeks, that Colonel Cooper wtnt over to Carmack with his hands open as he had right to do; that he committed no overt act: that Carmack met him with drawn revolver. belching flame and bullets. We claim that when Robin saw the deadly weapon he jumped in front of his father and took the two bullets aimed at the latter. We claim that then. and not until then. did Rob- in open fire and killed Carmack as the latter was trying to shoot him again."
 General Meeks quoted at length from authorities as to the doctrine of self defense and what constituted an overt act and concLded with an appeal to the jury to study the evidence care fully.
 You saw the defendants on the stand under the severe strain of cross examination. You saw young Robin Cooper on the stand. I submit to you that he demonstrated that he Is a gen. tleman of the old school. You saw how he tried every means he could to avoid trouble and how he determined If his father was to be embroiled with any one. he would be there to protect his sire.
 "we regret the death of any one. But in our regret for the dead, we should not do the living an injustice.
 T ask you. gentlemen, to bring in a verdict of not guilty~against these Turn the old man loose and let him once more meet upon the streets the remnants of that old hand that went with him in the early six ties. Turn him loose and let him meet and shake the hand of that gallant gray-coated crew. Gentlemen. I thank youP'
 General Meeks closed at 410 p. m., having spoken exactly five hours. He was completely exhausted and sank wearily into a chair. The court told general Garner. for the State, that he could begin his argument at once, or reserve 1t until tomorrow.
 You have twenty minutes this after noon if you desire to use 1t"
 If that's all I would have. l prefer not to begin my address until tomor- row." sai Garner.
 II will promise not to speak all dav however"
 Adjourn court, then. Mir Sheriff. un- til g a. m. tomorrow" remarked Judge Hart.