Evening star., 1909-02-26
GOVERNOR TO TESTIFY

Continued from First PaGeD
detained at his Office on an important
| matter, but would come as quickly as
! possible.
The case was postponed for some time
| to await Mr.. Coopers arrival. When Mr.
| Cooper came into court he told witness
that he would later tell him the reason of
! his delay, which was due to matter
more important than law suit
They afterward ate lunch. Mr.. Cooper
again said he would give the reason for
| his delay in a short time.
They separated. He did not again see
Mr. Cooper until several days after the
tragedy.
Witness saw Carmack about 10 o'clock
! the night before the shooting. having gone
/ to the Nashville Tennessean Office in re-
! SponSe to a telephone message from
| friend He said Carmack asked him II
he had pistol. He replied he had. He
then handed his pistol. which was in
leather scabbard, to Mr.. Carmack.
| Maj. Vertrees said, when cross-exam-
ined. he had known Carmack for many
years, and they were intimate friends He
| was asked by counsel to state the con-
verSation he had had with Carmack on
| the night before the tragedy.
The state objected to this question.
Jurors Sent Out.
The jury was sent out until the matter
of the admissibility Of the evidence could
| be argued.
Maj. Vertrees said he had been told by
a friend that Carnack wished to see him.
When he saw Carmack the latter told
| him he had received a threatening letter
| from Col. Cooper in regard to the use of
| his name, and could see no reason for the
| message.
| Carnack said he did not think anything
would come of it, but that after receiving
| such message there was but one thing
to do, and that was to put Col. Cooper's
name in the paper. and this would be
done in the morning. Carmack then said
that some friends had advised him to arm
himself He asked witness If he could
procure pistol that night. 1t being
Sunday, he did not know where to get
one. and therefore asked Maj. Vertres to
procure one for him.
| Witness gave him his pistol and scab-
bard Carmack said he did not know
much about weapons. Thereupon witness
showed him how the revolver worked.
After Maj. Vertres had testified as to
the visit to carmack,s office; the jury
| being out Judge Hart decided, in response
| to a request from counsel, to adjourn
court until pm.
Cooper Avoids Counsel.
| Col. Cooper declined to consult with his
ernoon, after asking the court for ad-
journment. He insisted on lying down,
so when the session was resumed he was
| feeling much refreshed.
The state handed him the editorial of
| November g. entitled THE Diplomat of
| the Zweibund.' The witness was asked
| to take the editorial and tell wherein it
| reflected on his character.
| THE general attacks had been upon my
fr1ta uyha ho OF
Who grated the dead bough upon the
! living tree and caused to blossom and
| burgeon and bear golden fruit This to
me meant that l had caused or induced a
1T was the first editorial that men
| toned your name?'
1T was
and you really believed that the 'gol-
den fruit meant graft?"
II did"
Can you name any editorial that was
| written by Carmack which charged you
with being grafter?'
Yes. sir. The Memphis News-scimitar
| editorial Of March IS, 1908.'
What was there in this editorial to
| make you want to take human life?"
Nothing on earth would make me want
to take human life except IL defense of
| my own
do you think anything in any editorial
| justifes MURDER
Nothing ever written justifes taking
| human life.''
| The state then took up his story at the
time he left his home the morning of the
tragedy and questioned him searchngiy
as to every move he made upon that day.
The witness denied ever calling Carmack
the vile names Miss Lee swore she heard
! Col. Cooper apply to the editor.
The witness was asked If he did not
usually walk to the governors mansion
up the alley. He denied 1t, but said he
had used it In hot weather because it
was shady.
Wouldn't that be a good route to take
to avoid meeting Senator Carmack?'
1T would be good route to go to
avoid any one"
Did you gamble colonel?'
Very often. Mr.. Fitzhugh, just as you
do" (Laughter.)
And for large sums"
We'll, that depends upon what one
means by large sums. l have lost more
| than I ever won.
Acted Upon Sudden Impulse.
| The state next went back to the scene
| of the killing.
You determined to avoid Mr.. Carmack,
but all of sudden you changed your
| mind and started over to see the sena-
| tor?"
Exactly; sudden impulse"
You thought you would talk it over?''
Yes. and settle it,
You knew you would settle IL some
way, eh?"
Now, don't put a meaning on it that
I do not intend, Mr.. Fitzhugh. 1 had
only one meaning for settle it, that was
a peaceable settlement"
"Still. you said If a manssen you the
message you sent Carmack you would
cease the attacks or prepare yourself for
| trouble?''
mo. sir. / said prepare myself to
meet
But you did prepare yourself?"
Il did; but l didn't think there would
be any trouble unless I committed some
overt act. / did nothing to justify Sena-
| tor Carmack In drawing d revolver on
| me"
You say Senator Carmack did not
| stop TO talk to Mrs. Eastman"
NO. sir. He merely tipped his hat
| and started to pass on; he had not stop
| ped
he used his right hand to raise his
| hat?'
Il assume so. do not recall whether
he did or not
when you spoke he reached for his
revolver"
He did. He reached into his over
coat pocket
| Then what?"
He pulled 1t out with his right hand
| and put his left over to the same pock-
ct Then he stepped behind Mrs. East
| man."
| .A,d aip,ed AZ