The Topeka state journal., 1909-02-27
State Makes Strenuous Effort to
Get EefOre the Jury
Testimony That Carmack Did
Not Anticipate Trouble.
WILL EXTEND TRIAL
Week if Court Hold
for the Prosecution.
L. L. Thompson Swears 1t Was
Dark Day.

4NdSHVIlle, Ienn., Feb. 2T.-It was
with much expectancy and anxiety
that counsel in the Cooper-Sharpe
trial for the killing of former United
states Senator Carmack took their
places in the court room today.
The state made it's last fight to get
to the jury the fact that Senator
Carmack did not anticipate trouble,
laughed at the idea and only armed
himself to satisfy his alarmed friends.
If the court sustains the state and
permit the testim mony to go in, it will
lengthen the trial of the case by at
least a week
Attorney General Garner opened by
asking that the further cross-exam-
ination of 7. L. Thompson on the sub
1ect in dispute be held until later. In
the meantime he questioned Mr..
Thompson on other points.
when you reached Senator Car
mack's body did you see a hat?''
Not until after we put the body
in the dead wagon when some one
handed me a hat and said it was his
WAS it Carmack's hat?''
Il understand it was not the sem
ator's.''
"How did you know?''
81 never saw him wear a green hat
and the hat he wore a few hours be-
fore was different 1t was a brown
derby"
Senator Carmack had been shot, he
ran from the capitol a block away,
to the scene of the tragedy.
You came down Seventh avenue,
on the same side of the street that
John Sharpe one of the defendants,
claims he went up towards the cap
itol?''
Defense Objects.
The defense objected and the court
ruled that witness could tell upon which
side of the street he walked and that
the jury could decide upon what side
John Sharpe said he walked.
Was it a smoky afternoon?" asked
the states attorney.
Forest fires had been raging and
there WAS no wind so a pail OF smoke
hung over the city,
Gould YOU tell or see a b1ued steel
pistol half block away?'
Il could not
Ibid you see. as you approached.
Il saw a group of people indistinct-
Gould you recognize any of them?"
mo, sir, it was too smoky and dark"
The questions of the state were to
show that it was impossible for the
Coopers to recognize Senator Carmack
nearly block away or for John Sharpe |
10 see the tragedy in every detail from
he corner of Union street and Seventh I
avenue as he swore he did.
Gov. Patterson Called.
"Call Governor Patterson, Mr.. Sher- |
fl" finally announced Judge Anderson.
A murmur ran over the court room,
quickly suppressed as the tall, slender,
youngish looking governor walked into
the room, hat in one hand, overcoat in
he other.
In answer to questions Governor
Patterson said he knew the Coopers
hunted up Colonel Cooper, "as a re-
suit of a telephone message from his
daughter, Mrs. Lucius Burch.''
The governor told how, with his
private secretary Mr. Scruggs he
lunted Mr.. Cooper and finally found
lim at the Maxwell house. The state
began to object and the court ordered
he jury to retire.
81 want to say" said Judge Ander-
son, ''that we propose to ask questions
heretofore ruled out, but we want
hem in the record, so the jury had
1etter retire.. +
After the IL men had gone out, the
governor was told to tell all that hap
1ened-
Il found Colonel Cooper in the writ
ng room, writing a letter or debating
me. He told me to wait a minute.
ent for Attorney James Bradford and
Robin. They arrived in a few min
ties. Then I learned that the letter
lie had been debating was to Mr.. Car
mack I urged him strongly not to
end it, so did Mr.. Bradford, and Rob
II agreed WIFI us.
go on
'tColoneI Cooper was very angry. He Is
,aid he was a private citizen and that
he senator had no right to use his
name. that he felt as though man
vas splitting in his face each morning.
'.I told him that if he sent that let
er it might provoke an encounter, a
personal encounter, which I told him
must be avoided at all costs.
'sThe letter was turned over to Mr..
Bradford who promised to adjust the
ificulty and asked if Colonel Cooper
would let him keep the letter and meet
lim at his (Bradford's) office at 3
}. M.
Gave Some Advice.
81 then saw Mrs. Williamson and
,sIxed if she was to take luncheon
old her it would be advisable for her
o remain near the colonel until p-
n / did so because 1 knew she was
. good friend of his and the colonel
vas very angry.
II left then as it was near noon
he Arcade. l told Robin if I were he
would remain near Colonel Cooper
hat day
mo. sir, the letter the colonel wrote
vas unsigned and in Mr.. Bradford
possession
Il was signing some bonds when
attorney Bra dford telephoned and said
,e had not seen the party we were
,peaking Of but that General Tully
5rown and he had discussed the case
md decided there was no danger of
rouble. 1 telephoned Bradford's Of
ice and asked Colonel Cooper to come
q the mansion within 80 minutes. -
.sDid you wish to see him about this
rouble ?''