davidaulloa/AmericanStories huggingface dataset:
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12
Street, Martin 4 Vaughn Co,

Copers and Gen. Brown arrived for {
conference until the bell rang wher
the message of Senator Carmack's
death came. The statement was MOI
allowed to go before the jury, since
the question was gone into In chief
but she stated before the jury thai
Col. Cooper did not leave Mr. Brad
ford's private office at any time before
he left for good, and that he was not
called back by Mr. Brown or anyone
else.
Miss Lee was on the stand before,
and gave evidence that has been a
thorn in the flesh of the defense. She
had been stenographer for Mr.. Brad
| ford for five and half years, and at
the time of her resignation, the day
after her first appearance on the
stand, was drawing a salary of $S5 a
month. She is not now employed.
The defense made the most desper-
ate efforts to keep this evidence from
going before the jury. Every argu-
ment and every legal bubble that
skilled attorneys could devise was ad-
vanced as a reason why 1t should not
be admitted, but under the direct au-
thority of the Creeping Bear case, de-
cided by the supreme court, Judge
Hart held that it was competent.
But Miss Lee was not the only
crushing witness introduced by the
state during the day. DR.. ]. A. With
erspoon and Frank D. Lander, Sena-
tor Carmack's successor as editor of
The Tennessean, were on the stand,
and they testified that information
from Col. Cooper's daughter, Mrs Luz
cius E. Burch, to the effect that Col.
Cooper was armed, was angry at Sen
ator Carmack, and was threatening to
shoot him on sight. This information
came to DR.. Witherspoon from Mrs.
Burch, who received it from Robin
Cooper, one of the defendants, and DR..
Witherspoon Immediately made efforts
to communicate it to Senator Car
mack. He could not reach Senator
Carmack, but before noon he COM
with Mr.. Lander, and Mr.. !
Lander told Senator Carmack the
threats that were being made against
him.
Mr.. Craig Again Testifies.
E. B. Craig was again on the stand |
In the course of his testimony he was
called on to state whether or not he
had said certain things to Col Cooper
at their two meetings on Sunday night,
which Col. Cooper had quoted him as
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12

saying. Mr.. Craig denied fatty, alb
solutely and unqualifiedly that he had
assured Col. Cooper, as coming from
Senator Carmack or on his own &C
count that Cooper's name would not
appear again, or that Col Cooper had
requested him to arrange a personal
| interview, or that Col Cooper had
stated that he would remain unarmed
until that interview, or that the wit
ness had told Col. Cooper that Senator
/ Carmack was in an angry mood, since
I nothing had happened upon which he
could possibly have based such an as
sertion; and he added that Col. Coop
er stated that the town would not be
big enough to hold them both if the
publication did not cease. His testi-
mony was directly in conflict with that
of Col. Cooper.
After showing that at noon on No
vember Senator Carmack had recefv-
ed the threat from reliable sources
that Col. Cooper would shoot him on
sight, the state took up Senator Car
mack's course from the time he left
his office, and all the testimony in
regard to his manner and demeanor
which was connected with his trip
from the Office to the scene of the
tragedy was admitted, although other
testimony along this line was ex-
cluded.
Frank Lander, at that time general
manager of the paper, was with Mr..
Carmack shortly before he left The
Tennessean Office, and at that time,
Mr.. Lander stated, Mr.. Carmack was
in an unusually pleasant and happy
mood. Mrs. Thomas H. Clarke, a
member of the local staff of the Ten
nesean, saw him just as he left the
office, and held conversation with |
him. At that time he was even more |
pleasant than usual, and there was
in his manner to indicate any
anger or excitment When he went
out of the local room he stated that |
he was going to his room to rest.
MIR. Stokes Testimony.
Jordan Stokes, a member of the
Nashville bar, stopped and had con-
versation with him at a point on Sew
enth avenue near the side entrance of
the Watauga Club, two hundred feet
away from the point he met his death,
and at that time there was nothing
in his manner or demeanor,
Or nothing to indicate that he was la.
boring under any excitment.
Poor old discredited Benning, the
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12
GOOD AUDIENCE
SAW THE PLAY
MISS DEANS CLASS GAVE SPLEEN
DID ENTERTAINMENT AT
THE ATHENAEUM.

A fairly large and decidedly we'll
pleased audience witnessed the pre-
sentation of The Twentieth Century
Proposal at the Athenaeum Friday
night under the direction of Miss
Dean. The play was presented for the
benefit of the Civic League and the
proceeds will be turned over to that
organization.
While the different characters which
were portrayed, showing careful study
and training, Earl Jones as Harold
Winthrop, Miss Lizzie Parks as Mrs
Jones Winthrop and Lois Timmons as
Lefty Mays deserve especial mention.
A pleasing feature of the evening was
the singing of the A. T. o. quartet.
The characters were represented as
follows
Mr.. Harlow Winthrop. =. Porter Bibb
Mrs. Winthrop. Cora Carr
Harold Winthrop. ......... Earl Jones
Lefty Mays. Lois Timmons
The Doctor. ..,........Ira Hardison
Grandma Maxwell ....... Edna Bates
Mary Maxwell ....... Mary Britain
Mr.. James Winthrop. Charlie McAfee
Mrs. James winthrop. Lizzie Parks
The Tailor. .........R Robert Gilbreath
Lefty Mays Everett. .,........
Shields, Lillian Denton,
Louise Schuneman, Clarence Fry.
Tillman Thompson.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12

YOU'VE been reading a lot
lately about wear and wear
ability of paint; and there are
paints that do have these
qualities.
But there's one paint that has more than these,
for it possesses the peculiar quality OF sustained
wear, namely the Mound City Horse Shoe
Brand the paint with the life in it; the paint
that's made of honest Lead and honest Zinc and
Pure Aged Linseed Oil; the paint that wears
and looks better than Lead
Horse Shoe Brand Paint all colors, always
gives a clear, beautiful, living look to the fin
ished job. Never bleary, or muddy, or gummy;
none of that dead, dull appearance.
Then, too, it pays to come to where they
able advise you and help you get the most good
of paint Hyou read this ad. you will know where
such store is right in this very town.
Besides the House Paint, there's Horse Shoe Paint
for every purpose Floor Paint Barn and Roof Paint,
Buggy Paint To-Wauk- On Stain, Screen Paint Wagon
and Implement Paint what you for whatever you
to put it
tell you of Horse Shoe Brand Specaes
Paint Horse Shoe Brand Floor Paint the best floor
anything for the that the wash
like Wears like and keeps
alive all the vivid color that it had when first applied
you're ready for that paint and does what good
the place and here's the that sells
paint and you the things
worth remembering.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12
Farmers Take Notice

We have everything in field seeds
both Northern and Homegrown. The
most interesting part to you is. "our
seeds are better and prices lower
than the other fellow. See us before
you buy, corner Public Square, be-
tween Farmers and Merchants Bana
and Mitchell-Ashley.
G. w. NICHOLS PRODUCE co.
dewitt
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12
lRY ]. |. Finn EY.l
Daily Herald staff Correspondence,

Daily Herald stan correspondence
Criminal Court Room, Nashville
Tenn, March S.-Interest in the Coop
er-Sharp trial was greater than at any
previous day of the hearing, as indi
Gated by the immense attendance
Long before the hour for the meeting
of court the court room was damned
with people. Standing room was at
a premium and the heat was very
offensive. None left the room, how
ever, so intent was the interest in
every word that Capt. Fitzhugh spoke.
Conspicuous by their large hats and
fine gowns were many of the women
of the capital city, who are prominent
in it's social circles.
Never in the history of Tennessee,
perhaps, has an audience of such high
personnel been present to listen to the
argument in a criminal case. Some
of the most prominent bust
ness men of Nashville, some
of them leaders in public affairs
and many citizens from other Middle
Tennessee towns were in the crowd
The very closest attention was accord
ed every word spoken by the young
attorney for the prosecution.
Capt Gus T. Fitzhugh began his
argument for the state at 9:20 o'clock.
His argument was mostly marshal
ing of the facts developed by the pros
ecution Capt. Fitzhugh commenced
with the first alleged offensive" edi-
torial utterance of Mr.. Carmack. TAX
ing up these several editorial utter
ances, Capt. Fitzhugh carefully ana
lyzed them and challenged attention
to the fact that there was not a word
in either of them to reflect upon
Cooepr The speaker declared it was
guilty conscience of the record of
Cooper as clerk and master of Maury
county as embezzler and defaulter
that caused him to read into these
editorials things they did not mean.
Capt. Fitzhugh's arraignment Of Col.
Cooper's record was terrific. He re-
ferred often to his career as developed
in the case Mr. Fitzhugh reached a
climax when he denounced the killing
of Carmack as a deliberate, cold
blooded and cowardly murder
Capt Fitzhugh reviewed much Of
the evidence in a calm, deliberate and
judicial manner, but when he reached
climax he lifted his voice until 1t
pierced the recesses of the court and
shook with emotion.
In the courses of his speech Capt.
Fftzhugh paid a tribute to Mrs.
Burch's efforts to make peace and she
was seen to curl her lips in scorn at
a compliment from the man prose
cutting her father.
The three defendants were surround
ed by relatives and friends. Col.
Cooper sat with his eyes closed during
the attorneys terrific denunciations
of him. He chewed his mustache and
never once did he look at the speaker.
Robin Cooper appeared much more
Indifferent. He looked straight ahead
of him and showed no evidence OF
concern. Sharp's expression did not
show any change.
Capt. Fitzhugh, in describing the
record and misdeeds, the notice and
threats of Col Cooper referred re-
peatedly with fine scorn to This
spark from the ashes OF the old
South" this gentleman of the old
school," Capt. Fitzhugh's speech was y
an able and complete exposition of
the states theory.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12


defense with such eclat on Monday
came IN for his share OF attention, ant
n is rare indeed that the story OF
witness is so completely rebutted AM
overturned as is that OF Benning
Bennlng conrradicted himself. ant
showed himself Up for what he was
but the state didn't stop there. j
introduced witnesses. and many Of
them contradicted Benning both posi-
lively and negatively.
The first two we're Charles and
George Carroll. who conduct a shoot
ling gallery on Cedar street near the
Public Square. They testified that
Benning came into their place Of bus
mess on the afternoon OF November
9. and that he there stated that he
missed being an eyewitness of the
killing BY five minutes, or that he
would have been an eyewitness If
he had been five minutes sooner.
Neither of them was prepared to swear
positively that it was on November
9. although both stated that that was
the time to the best Of their recol-
lection. but they were both very posi-
tive that Benning had made the state
ment that he narrowly missed being
an eyewitness. The defense put Ben
ming on the stand as an eyewitness.
Refute Benning.
But the CAROLS were merely be-
ginning of the complete destruction
of Benning's testimony Miss Ella
Lamb, a dressmaker, who lives at 215
Seventh avenue, North, the house
which comes out flush with the street,
testified that she saw Senator Car
mack pass there going north, but that
she did not see Benning pass, and did
not see Benning stop to strike his
match on the gate by her window, or
hear him strike it. She further tes-
tilted that when she heard the shots |
she looked north, and that there was |
nobody at the place where Benning |
had located himself in his testimony. |
Mrs. A. J. McWhirter and Mrs. A.
B. Mason, who live at 222 Seventh |
avenue, north, testified that they were
sitting in different rooms on the north
side of the house, next the vacant lot
which Benning claims he crossed, and
hat within a few moments after hear
ng the shots they looked out of the
forth windows and across the vacant
OF Neither of them saw Benning or
anybody else crossing the lot, nor did
hey see white man crossing the lot
fter a negro, as Benning stated that
Ie had.
j. p Lewis an employe of the firm
f E. T. Lewis & Co., engaged in the
xcavation work for the new Hermit
age hotel, testified that he was stand
lg on the lot, about thirty feet from
he alley, when he heard shots. He
ooked across the lot which Benning
laims to have crossed, and saw no
me- He stated that the evening was
D dark that he could not see the scene
f the shooting from where he was,
OF much more than $50 feet away.
Frank Allen, who was about one .
undred feet south of where Benning
laced himself, talking to Mrs. Nor
an, stated that Immediately on hear
lg the shots he looked north and
lied to see any one where BennIng
lid he was.
John s. Stuard of the weather bu- :
'au was also introduced to show that y
lere had been no rain for many days, =
Id that the post which Benning =
aims was too damp for him to strike V
S match on could not have been so. Il
his evidence, however, was exclud- y
|.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12
DUNCAN COOPER WITHERS
BEFORE THE EXCORIATION
OF CAPTAIN FITzHUGH
NOT. cARMACK'S WORDS BUT A GUILTY CON-
SCIENCE THAT LENT STING TO
EDITORIALS, HE SAID.
Aco,n cowAapLy AND pELIsERAT MURDER" ASSERTS THE
ACKNOWLEDGEMENTS 70 THE SPARK FROM
ASHES SOUTH"

Mrs. McCobby, an elderly lady, fiat
" contradicted the testimony of VIM.
s. Morgan, ex-Secretary Of State, who
had been placed on the stand to i'm
pair the evidence of Mrs. Eastman.
Seventeen days have been consumed
in hearing the testimony in this case
and it has been one month and eigh-
/ teen DAYS since it was called for hear
ing. 1t was mid-winter when the first
1 of the six panels summoned for jury
service was examined. 1t is now the
beginning of Spring. Corn planting
time is about here and the argument
of counsel and the charge OF the court
are yet to be heard. The charge will
in all probability be heard next sat
urday.
After the argument is finished the
court will adjourn for day in order
to permit Judge Hart to prepare his
charge. The court thinks that this
can be delivered on next Saturday,
When the case will actually end
depends, of course, very largely on
the rapidity with which the Jury
reaches verdict.
It was II o'clock when the state
closed. The defense at once placed
Mrs. Sperry on the stand. She made
the copy of the famous Cooper note
to Senator Carmack on the day Of the
tragedy. The state very promptly OBJ
jected on the ground that this was not
proper sur rebuttal and the jury re-
tired while the question was argued
at some length, but the court sus-
tanned the objection.
The court also adhered to its pre-
vious ruling to the effect that proof
as to the location Of the telephone
poles could not be introduced.
Much of the time of the session was
consumed in conferences of the law !
yers and in arguing questions of law
so that little proof was presented.
After a long consultation the de
Tense called for DR.. R. L. Thompson
to question him about Senator Car
mack's buying a cigar in his drug
store, but it was overruled by the
court.
The defense then announced its
final resting as did the state. This
was just after noon. After consulta-
ton between the opposing attorneys
and at their request the court agreed
that they would be allowed three
speeches to side without limit as to
time.
Court then adjourned until Monday
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12

Il have been somewhat costive, but
Doan's Regulets gave Just the results
desired. They act mildly and regulate
the bowels perfectly. George B.
Krause, 306 Walnut Ave-, Altoona, Pa
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12

When court closed at 5 o'clock Fri.
day night, after hours of battling be-
tween the attorneys as to the admissi-
bility of testimony in rebuttal, the
states position was far stronger than
it has been at any time in the trial,
and the case of the defense was sadly
punctured.
All the afternoon the great crowd
awaited breathlessly the words of the
witnesses, but the climaxes were
reached when Miss Daisy Lee declared
Mr. Bradford told her he could have
shot Mr.. Caramck with no more re-
morse than he would suffer in killing
a rattlesnake, and when Mr.. Frank
d. Lander stated his warning to Mr.
Carmack, carried at the request of Dr.
Witherspoon, was that Mrs. Burch
said her father was exceedingly angry
at Mr.. Carmack, was armed, and
threatened to shoot Mr.. Carmack on
sight.
The great audience fairly gasped
when these two statements were made
after the attorneys for the defendants
had exhausted every possible means
of preventing them from going to the
jury. The damaging statement fairly
awed the crowd. Every one seemed
to realize their great importance.
Miss Lees testimony showed hel
to be one of the most important wit.
nesses, If not the most important wit
ness, in the case After telling OF Mr..
Bradford's statement of his hatred for
Mr. Carmack Miss Lee testified that
Paul Davis, one of the witnesses for
the defense, had declared TO her that
he wished he could get on the jury,
and In answer to her objection that
he was not competent, had responded
that he would be willing to swear lie
to do so. Mr.. Davis denied this on
his examination.
Miss Lee further stated that the tel
phone bell in Mr. Bradfords Office
never rang from the time that the
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-12
Mr.. Craig Again Testifies.

E, B. Craig was again on the stand.
In the course of his testimony he was
called on to state whether or not he
had said certain things to Col. Cooper
at their two meetings on Sunday night,
which Col Cooper had quoted him as
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-11

The King is said Thy Mrs. judd to
have been more eager than ever to
complete the business, when he was
suddenly taken i'll, and expired in five
or six days. on the 18th of December,
1854, in the forty-second year of his
age. His untimely death was undoubt-
eddy FASTENED by excessive intemper-
ance towards the last. Aside from this
unfortunate falling. he had many no.
BILE traits.
AS Mr.. Severance truly said, His
Partially to Americans has always
been strong, and it will be universally
conceded that by his death they have
lost faithful and honorable friend. -
His adopted son and heir, Alexander
Liholiho, was Immediately proclaimed
king, under the title of Kamehameha
". Soon afterwards he expressed his
wish that the negotiations that had
been begun with Mr.. Gregg should be
broken off, which was done.
AS Mr. Marcy afterwards stated, in
his letter to Mr.. Gregg of January 81,
1855, the President would never have
approved of a treaty, admitting the
Islands into the Union as a State, to
say nothing of other objections Of
minor Importance. In fact, the whole
it. seems to have been premature and
unnecessary.
*Dr. Judd. Dr. Wood and Mr.. Swan
w. D. A.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-11

Owing to the long drought in the
far western part of Texas, reports are
to the effect that hundreds of cattle
ere dying on the ranges.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-11
THE PLEASANTON
DININGROOM, CUISINE AND
SERVICE UNEXCELLED

SEN lie Y NEAtELLED.
From the bed rooms clear
viewof Mount Tantalus is obtain
ed. A private diningroom for the
accommodation of persons desir-
ing private lunoheons or dinners.
LIvINGRooM presents atttrac-
tons not found in other hotels in
Hawaii. THE HOTEL IS ON.
THE CAR LINE, 10 MINUTES
FROM BUSINESS CENTER.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-11

DIR. Judd. Dr. Wood and Mr.. Swan
w. .. A.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-11-13
TAFT ON RAILROADS.

President Taft. during his historical
journey throughout tho country, uttered
many important truths on a great var
iety OF subjects. His addresses, II coll
lectcd in one volume like those OF
glihu Root during his demonstration
OF the American continents, would
form interestng and instructive read
ing
At Corpus Christi, Texas he spoke
OF the country's need Of railroads. ana
the advantages derived by the citizens
from these transportation lines. and
their right to protection from wanton
assaults
This Is subject with which citizens
are familiar All know the import
ance Of railroad service 20 any terri
tory Railroads beneht not only the
places located Immediately on the lines,
but wide areas on both sides. They
are the arteries Of trg ie through which
life and activity are conveyed t. every
part of the body polite. They exist be-
cause the interests OF the people de-
maud their existence. and they are OF
daily benefit
There are not enough Of them. There
is not a state in the Union that does not
need more railroads There is not a
state that Is not patiently waiting
for further extension OF the lines that
run through them. for railroad building
means the development OF resources
and prosperity salt Lake is largely
indebted to the railroads for the tram
| guilty with which il passed through
| the late financial storm The building
! OF the q. S. L. depot the reconstruc-
| ton OF the street railroad system. CO.
! incident with the erection Of private
buildings and the expenditure Of a large
part Of borrowed million dollars on
municipal improvements made the
crisis here less serious than in other
| cities
The railroads then. are certainly en-
titled to protection against unreason-
| able and unWarranted attacks By the
demagogues who do not stop to con-
slider that the demand OF the roads
| for material OF every kind, and for la
| Dor, gives employment 20 hundreds Of
thousands IN the mines and mills, shops
and factories
ON the other hand, the railroads are
Of course, dependent upon the people
for valuable franchises and patronage
and they should recognize this by Civ
ing as reasonable rates and as good
service as possible. They should recog-
nize their dependence upon the people
by meeting an just and reasonable de-
mands half way, in spirit Of fairness
70 all They should DO away with un-
justly discriminating rates, and give
no cause for complaint by the patrons,
on that account. A desire on both sides
TO deaf justly with one another. and
90 keep peace on basis OF fairness 10
an is necessary for that harmony with
out which prosperity cannot b. per-
manent