Evening star., 1909-03-09
PLEADS FOR COOPERS
Oefense's Attorney Scores
Methods of States Counsel.
"NOT AIM TO PROVE GUILT"
Purpose to Besmirch Characters of
Defendants"
ARGUMENT OF GEN. MEEKS
Closing Remarks Of Capt. Fitzhugh
ARGUMENT OF GEN. MEEKS
Closing Remarks Of Capt. Fitzhugh
in Asking Verdict Of Murder
Against Accused Men.

NASHVILLE. Tenn. March $50 great
was the throng which tried to crowd into
the courtroom this morning to hear the
arguments in the Cooper Sharp trial for
the murder of former Senator Z. w.
Carmack that the architect Of the build
ing appealed to the judge and declared
that there was danger of serious acci-
dent.
Long after the room itself could hold
no more the curious continued to push
into the corridors and up the stairways.
So. great became the crush that fears
were expressed lest the railings give way
and precipitate those on the stairways
down upon those beneath them.
Judge Hart hurriedly sent deputies into
the corridors and soon cleared them.
Judge Hart again admonished the audi
ence to refrain from any kind of demon
strations. Gen. Meeks began the opening
argument for the defense.
Gen. Meeks has been i'll. He seemed
scarcely able to stand. His preliminary
remarks were spoken in such low tone
that even the jurors failed to catch them
States Methods Scored.
AS he warmed up he said:
1.-The state has appealed to you to en-
ing the law seems to be to convict some
one, innocent or guilty.
Il want to say to you, gentlemen. that
in all my life and in my law practice l
never saw a witness so shamefully treat
ed as was Col. Cooper by Capt. Fitz-
hugh. The prosecutor seemed careless as
to whether he acquitted or convicted Col.
Cooper of the murder Of Senator Car
mack, but he did seem determined to be-
smirch the witness character.
L. IS ysy,rr \, &c
debts. What has that to do with the
killing of Carmack? They tried to make
you believe that he embezzled funds as
clerk and master Of chancery. What has
that to do with the killing of Carmack?
You saw the witness on the stand
lost a dollar through him. You heard
him swear that his business methods al
ways were unsuccessful
THE whole scheme Of the state wal
not to convict Col. Cooper of murder. but
to disgrace him publicly On his record.
Mr.. Fitzhugh's Argument.
Continuing his argument yesterda!
afternoon G. 7. Fitzhugh of the prose
cution said:
"The editorial of October II was ths
first Of which Col. Cooper complained.
said to Col. Cooper then: Colonel, this
appeared first in the Nashville American
didn't it? and he replied, as you remem
Der. L don't care II 1t appeared in the
Holy Bible. it's false. If it was such al
awful thing. why didn't he go after the
Nashville American?
This was the editorial that linked
Col. Cooper's name with those of Bar
Murray, Sol Cohen and Max Hartman
Has anybody heard of Ban Murray max
ing any complaint?
yet this man Cooper. looking for hid.
a
has been convicted, and then he seeks tt
exculpate himself by saying it was this
mans brother. He doesn't seem to be
so careful about making charges against
any one. If these men were gamblers
aren't they just gamblers of little
lower order than Col. Cooper has beer
all his life?
Col Cooper says Mr.. Craig returned
and told him Carmack was in an ugly
humor and vicious mood. Col Cooper
was why Col. Cooper had said he heard
Carmack was In an ugly. vicious humor
The only threat made was made by Col
Cooper-it was a deadly threat. Think
of a man who had received such threat
as that not speaking ill of the man who
had sent It.
Even when Mr.. Vertres handed Mr.
Carmack a pistol. his manner and de-
meanor were pleasant. He uttered nc
threat He didn't even know how to use
the pistol and Vertres had to show him
how to use it. All, gentlemen of the
Jury. this was a man of peace and the
only purpose the deceased had in taking
that pistol was to crafty the anxiety
of his friends and to protect himself
against the deadly threat which had
been uttered against him.
Last Straw Editorial.
Fitzhugh came to the editorial of No
vember 9. the one which Cooper claims to
have been the last straw. This is the
editorial In which Senator Carmack re-
ferred to Cooper as the diplomat of the
dreibund,' because of his good offices in
making peace between Gov. Patterson
and ex-Gov. John I. Cox.
"Col. Cooper said on the stand went
on Fitzhugh, 'he did not know what
dreibund meant; yet he takes offense at
it, The word graft in the objection
bough to the living tree'-didn't refer to
the kind of graft which the distinguished
defendant sought to give In the hidden
meaning ascribed in his Interpretation.
1T didn't mean graft such as taking
money from widows and orphans by en-
bezzlement in public office. 1t didn't
mean the kind of graft with which Col.
Cooper was familiar.
"And when that editorial appeared
Cooper killed Carmack in pursuance of
his threat sent by Craig that If my
name appears again in the Tennessean
Carmack or I must die
Cooper had told Craig that he would
do nothing until he had sent Carmack a
note. When Craig returned with his mes
sage from Carmack Cooper said: Then
by God, this note goes But it didn't go,
because Cooper wanted to catch Car
mack off his guard and kill him like
dog"
Fitzhugh then described the meeting
between the Coopers and Carmack and
the shooting that resulted In the sena-
tors death.
After Capt FitZhugh had completed his
opening argument yesterday Judge Hart
ordered the jury withdrawn and thanked
the spectators for their good order.