Evening star., 1909-03-15
McCARN CLOSES ARGUMENT
Declares Carmack Was Slain by
Shots From Behind Him.
BLAMES DEFENSE FOR DELAY
Urges That It Be Proven Possible to
Convict a Rich Man
of Crime.


argument today in the trial Of the
Coopers and John D. Sharp for the muir
der of former United States Senator Car
mack.
Judge Hart will not charge the jury
until tomorrow. it being his desire to hear
the last word Of the states argument first.
No matter what the verdict in the case
may be-if one is reached-it Is certain
that 1t will be the occasion Of pub
lie demonstration; but the consensus Of
public opinion is that the jury will fail
to agree. 1t Is said that this is the most
the defendants expect.
Should they be acquitted 1t is under
stood their friends will hurry them out
of the state and that the Coopers will go
to Europe. to remain indefinitely. Robin
Cooper is broken in health. and 1t Is
hardly likely that he could survive an
other trial if his Imprisonment should
continue in the interval.
Throughout the terrific arraignment by
General McCarn Saturday Sid
ney Smith, a son of Milton II. Smith.
president of the Louisville and Nashville
Railroad Company, sat beside Robin. who
Is said to have been engaged to Smith >
sister at the time of the killing OF Car
mack She was sent to Europe by her
father soon afterward, and report has 1t
that in the event of an acquittal Robin
will join the party of which she is a
member.
McCarn Continues Argument.
Cen McCarn, resuming his argument,
said:
Senator Carmack was shot in the back
he was shot from behind. My theory is
that the bullet which came out Of Car
macks mouth entered the back. And it
is no more chivalrous to shoot a dead
man in the back than to shoot live
one.
That bullet is the only one that ranged
up. two bullets ranging downward. Now,
you shoot man as he is falling and
tine shots do not range upward.
These men are not only assassinS OF
Carmack, but they are cowardly assassins
of facts.
Counsel tell you that you are not try
ing ordinary criminals, that these are men
of distinguished ancestry. Well, when
men in pairs hunt another man, approach
him from behind AMI kill him. then it S
time for some OF the descendants, the
tail of the ancestors. to be cut off.
They have pleaded justification. Judge
Anderson, i'll his splendid speech the other
day. tried to explain away Gen. MeekS'
statement that the unwritten law should
apply
But if Gen. Meeks did not mean it,
statement, The streets of our city have
run red before with the blood of men
who used other mems names unjuStly III
Newspapers Judge Anderson explained
right cleverly, but the facts are against
him.
Blames Defense for Delay.
The speaker deplored the length of the
trial and ba med the lawyers
You could have learned The truth Of
this case. gentlemen, in ole day. But
when YOU set twenty of the cleverest
lawyers in the south they can make blood
look like snow.
They muddy the water and ,hey search
for doubt. That's what they want,
gentlemen. doubt. Ard they refer to
politics and try to stir up prejudice i'll the
hearts of those of you who were OPP
posed To carmack politically.
IF YOU have a doubt of their suilt.
turn these men loose But il you believe
tina. ii is asainst the law of Tennessee TO
go up behind man and kill him because
he wrote the baLterins editorials. then |
ask YOU 10 say so by your verdict.
But they say he did not shoot Car
macl-the colonel didui. But he took his
son along to do ii and Tie son was will
ing tool.
There has been a lot of talk about the
boy. Why. gentlemen. ne is d lawyer.
IWenty-Seven years old. and has earned
Zig fees He is no child. He was reared
in luxury and is learned in the law.
Three bullets in his body. gentlemen
one in the back. two through the side
not ore from the front They say these
bullets stopped in CarmaCk S body. They
pierced that poor widows heart. They
went into the life of that little boy and
took out of il generous fathers care.
IF il he untrue that rich man cannot
he convicted, then stand up and by Your
verdict give il the lie. denounce this libel
upon Tennessee.
Judges Charge Tomorrow
Judge Hart then announced:
Ii is necessary to hear all the arsu-
ments before formulating charge Will
prepare the charge rapidly as l can
hope to reach ii some time tomorrow
THE audience will have to entertain
itself until then. There are picture shows
in full blast and they have been COM
planning that | have been taking away
their trade.
Gen. Garner arose to say that he did not
accuse Gen. Meeks of counsel for de-
Tense of willfully classifying the record.
He said he thought this statement due the
general.
Court then adjourned until am. to-