The Birmingham age-herald., 1909-03-13
Attorney Creates Sensation By His Statement of JusHf-
 cation In the Killing
COURTS PROTECT THE
 RIGHTS OF SELF-DEFENSE
Attorney Washington Speaks Over if Hours Before Judge Anderson Takes Up the Argument,
 Not Concluded.

Nashville, Tenn, March 12.-The 1e-inch gun of the defense's batteries was trained upon the state today with telling effect when Judge James McFerran Anderson began his argument in the trial of Col onel D. B. and Robin Cooper and John Sharpe, for the murder of former United States Senator E. W. Carmack Judge Anderson, who is considered the ablest criminal lawyer in the state, is chief counsel for the defense Strangely enough he was close personal friend and po- litical supporter of Senator Carmack Although In bad health and worn with the strain of ten weeks of active work. his speech today instead of dimming his reputation has added only luster to it. Anderson Is not a dramatic orator. He adopts no theatrical devices. He does not speak in metaphors nor indulge in senti mental appeals. Only once did he refer to Colonel Cooper as 'the old soldier and not once did he appeal to the sym pathies of the jurors He boldly dis claimed any idea of pleading that any editorial or speech could justify the slay- ing of Carmack and declared that his | clients case rested alone upon the first AnN lihphdHAeu III dll DNlnR DelnRS-th6 law of self-preservation. Then he boldly plunged into dissection of evidence and an application of law and startled his | hearers by the solemnly asserting that Robin would have been justified in killing 1 Carmack fore he did He claimed that l Colonel Cooper. after having <been as l sailed in print and upon the platform had right to seek out his defamer at any place he might find him and demand ! that these assaults stop. He claimed 1 further that Robin had right to go with his father and that both of them had right to go armed for their own protection, if they believed that their protestations and demands would lead to an assault upon them.
 Rights In the Law.
 'The law gave them this right" he declared, whether Colonel Cooper had threatened Carmaek's life or not And even if Robin Cooper had gone over there and struck Senator Carmack in the face with his open hand he would have had a legal and moral right to have killed him, if the senator attempted to draw a revolver"
 Judge Anderson declared that this was
 
 show how strongly the courts protect the right of self-defense and to make manifest Robin Cooper's reluctance to shoot until he had himself been shot.
 An immense throng gathered to hear Judge Anderson, but splendid order was maintained. The speaker grew very weak about 4:9O p. m. and asked continuance to tomorrow when he will close the de- fense's case.
 He will be followed by Attorney General McCarn, and after the judges charge. the case will go to the jury.
 Small Crowd on Hand.
 bare handful of people were in their places this morning when the trial re- sumed. It was the fifth day of argu- ments and the third day for General Washington, of the defense.
 q shall not delay you very long," Gem eral Washington promised as he stepped out before the jury T want to direct your attention to James C. Bradford He enters the case the morning of the tragedy at the Maxwell house when the governor telephones to him, and also his good offices are apparent in the effort to avert a tragedy.
 Yet these hungry, starving lawyers for the prosecution. hungry and starving for facts, would have you believe that this splendid lawyer this Christian gen. tleman, this scion of aristocratic old family. suddenly became a raging he- devil thrstng for blood and plotting murder"
 General Washington read part of the testimony of John T. Vertrees concerning his conversation with Judge Bradford concerning the note Cooper had written to Carmack. He argued that every line +hof ford's one object was to prevent any kind of trouble Then he passed on to Adiutant General Tully Brown.
 "If you were to look back years ago. you would hear the roar of the artillery see the serried lines. The ammunition is exhausted the fate of the day is at stake A beardless boy mounted on a foam hecked horse. rides madly down the line. haversaek loaded with ammuni- ton and saves the day for the men in gray. I tell you Brown is as much a hero as Hobson was Yet they say he lied.
 Miss Lees Story.
 And Miss Lee. She was in the office entertaining company. You get two fe- male stenographers on the same floor together, exchanging idle gossip as they do and I am not surprised that she dld not hear the telephone ring. She and Mrs Blake were talking about the kind of new hat that"
 we object to that and wish to call Mir Washington back into the record" said General McCarn. 'I want to do if now because he is going out of the record so often that I will not have time to correct him later. There is not line in the record that Miss Lee or Mrs. Blake talked about hats or that Mrs. Blake was in the office when the news of the tragedy came"
 Judge Hart admonished General wash inpton to keen in the record and inc laf-