The Montgomery advertiser., 1909-02-19


 Robin Cooper had 8 pistol shot wound in the right shoulder just above the collar bone" said the witness. "1 dressed the wound. There was no point of exit and I assume that the bullet is still in the young mans shoul- der.
 When I started to dress the wound Robin asked for tobacco and cigarette papers. I got them out of his pocket and found in his overcoat an automatic revolver. A bullet had passed through the left sleeve of his overcoat but had not touched his person.
 Did you hear Colonel Cooper use the teiephone7"
 q did. several times, but only once did hear what he said"
 ITO whom was he taiking?"
 ITO dis daughter. Mrs. Burch. He called her phone and said: Daughter, 1t is all over. Robin has killed Car mack. Robin is shot" ittss. .I told him to. tell Mrs. Burch that Robin was not badly hurt and had to repeat 1t twice"
 twas Robin Cooper near enough to hear this?"
 ''He was.'
 During Mir. Forte's recital of this incident Mrs. Burch's eyes filled and she began to cry softly to herself.
 
 hand.
 On cross examination Dr. Fort said he did not hear Colonel Cooper say; T do not want anyone to come in this room except the officers. do not want to kill another man." He thought the remark might have been made and might have been called out by the intense excitement and the crowd that was growing outside.
 TN~ thA Qt- torney general said:
 "The State does not know whether it will offer any more testimony In chief or not. We will know at p. m. I ask adjournment Co that time."
 "It Is granted" said the court.
 The State has fifty-two witnesses yet to testify but expects to use most of them in rebuttal of the self defense theory.
 Warned By Judge Hart.
 When proceedings were resumed after lunch con. Judge Hart rapped for order and said:
 Ladies and Gentlemen:
 "Upon several occasions have noted tendency to applaud. In one in- stance, the court suppressed 1t with much trouble. At the request of coun- seI on both sides, ask you to desist from showing any feeling. feel sure 1t is only necessary to ask you to re- frain, because I am confident the dis- play was due to thoughtlesness. Of course. should any demonstration take place after this warning. the court will be compelled, reluctantly, to resort to more severe measures"
 Without making any formal an- nouncements that the State would con- tinue offering testimony in the case In chief, Attorney General McCarn called Tl.. AnmA NnnuE. naaAN Nu~ Company.
 The witness testified that he visited the scene of the killing the day after 1t happened and that there were two telephone poles within a foot of each other. day or two after the shoot ing, one of these poles was chopped down. Cole swOre that there were two bullet holes in this post, fired evidently from the northwest. or from the di- rection in which Colonel Cooper stood. He attempted to estimate the distance at about eight or ten feet.
 The witness was badly confused on cross examination and could not tell how he fixed the distance. Finally Cole blurted out: well, heard that other witnesses testified that Colonel Cooper stood about eight or ten feet away from the pole"
 Judge Anderson also confused the
 
 lets and the height of the marks on the poles and then attacked hls ability to tell the calibre of @ bullet hole
 The witness said one bullet buried itself in the pole while the other merely notched 1t and that both were made by the same calibre bullet
 He could not explain how he reach ed this conclusion when one was a per- forated hole and the other simply a ridge. The energy displayed by the defense in cross examination of this witness led spectators to believe that they considered his testimony danger ous.
 As soon as Cole was excused, Alto ney General McCarn announced that the State would rest its case in chief. The defense asked for time to ar- range its case. Judge Anderson said: We do not ask as long . time As the State did. but if we can have until be able to push our case rapidly" The court granted the request, but had no sooner done 90 than Attorney General McCRrn said: "The State has a few more witnesses in It's case in chief, whom we de- spaired of getting here. However with an adjournment to Saturday, we be- lieve we can get them here and will introduce them at that time"
 So the State does not Fest7" re- marked Judge Anderson, sotto vooe. @The defense expects to spend at laast | & week upon its case In chief. Ths state in rebuttaI has somsthiEg like