The Birmingham age-herald., 1909-03-06
Testimony Offered By the De- fGnsG Is FIatIy Contradict
 ed on Many Points
WARRANT FOR BENN|NG
 ON CHARGE OF PERJURY
Arguments Are Expected to Begin In the Case Next Week and About 20 Lawyers Will Address
 the Jury.

Nashville, March 5-This was the states day In the trial of Col. D. B. Cooper and Robin Cooper and John D. Sharp for tho murder of former United States Sena- tor E. W. Carmack. Not only did It tear to pieces what was left of the testimony of s. J. Benning. the defense's mysterious red-bearded man who claimed to have seen the shooting, but it challenged the right of the Coopers to be on Seventh avenue at all, the oay of killing It did this by impeachlng the testimony of the governor and others who claimed ths Coopers were invited to the mansion and that while on their way there they met Carmack and a street duel followed | The bombardment of the case of the de- fense began early today when two wit nesses swore that Benning the night of the tragedy. said to them:
 If l had been five or ten minutes earlier, l would have seen the killing
 Later In the day the state introduced witnesses attacking the reason the de- fense gave for being on the street Sena- tor Carmack must traverse to go to his apartments. This reason was that Gov ernor Paterson had sent for the colonel and Robin accompanied his father. Ad- jutant General Brown, Judge Bradford. Colonel Cooper and Robin Cooper testi- fled that after Colonel Cooper left Brad ferd's office. just before the shooting, General Brown recalled him to talk to the governor over the phone and that 1t was in obedience to the governors con,- D1and that the men were on Seventh ay- enue, on which is the executive mansion. when they met Carmack
 Salty Testimony.
 Two winesses swore that after Colonel Cooper left Bradford's office he neither returned voluntarily nor was recalled to the telephone by any one. And one Miss Daisy Lee, declared that instead of the governor calling the colonel. the colonel at Judge Bradford's suggestion. called up the governor at the capitol. The latter testimony, however, was nos permitted to reach the jury.
 In rebuttal, too, the state attacked Judge Bradford. Miss Lee swore that he told her that he could have shot Car mack himself with as little remorse as he would have shot a rattlesnake She | the eefenses witnesses, declared to her he would periure himself to get on the jury.
 When the sun had set and the battle was over, the state announced that it would have but two or three more wit nesses to complete it's case in rebuttal and that they would be put on tomor- row.
 The defense has not announced it's purpose yet, but 1t is safe to say that the arguments will begin next week. No time limit will be put on either side | There are a score of lawyers on the case 1 and the speeches doubtless will last sev- eral days.
 Soon after court adjourned the states attorneys went into conference. At s D. m. they emerged and Attorney General | McCarn held a warrant for the arrest of 1 S. J. Bennins, on charge of perjury. l The specific allegation is that when he 1 testified that he saw Senator CarmaclS twirling the cylinder of his revolver. he swort to a lie. The witness was served ! at once.
 Jury's Protest Works.
 The protests of the jury against the l delays in the trial had an appreciable eHtCl upon COunSei pu Dotl SiueS loudN. ! Neither side cared to anta gonize the jurors, hence they avoided wranges and used every endeavor to rush the trial. The same small crowd marked the open ing of court today. Judge Hart rapped | for court on the minute. but there was I a few moments delay awaiting the ar- rival of General McCarn
 The first witness called was Charlie Carroll who with his brother runs a shooting gallery near the square. On the day of the murder. witness went on i duty about p. m. A little later S. J. Benning defense witness came in.
 "Did he tell you that If he had been five minutes earlier he would have seen the murder of Senator Carmack?" said Attorney General Garner. l "He did"
 What happened?'
 well we were discussing the killing and he said he had been near there and just missed seeing the killing five or ten minutes.
 Was he talking to your
 Was your brother present." ! He was"
 Witness Recalled.
 At first the defense refused to cross- examine. but reconsidered and called the witness back.
 "Who first asked you about this?" asked General Washington.
 About WbatY
 1 About your testimony"
 Some officer phoned me to come over yesterday morning and told me to come l over here"
 General Washington confused the wit ] ness somewhat as to the exact time of l the conversation. On redirect examina- l tion Carroll said he forgot the incident | until he read Bennngs testimony in the papers When he learned that Benning | swore he saw the shooting the witness at once recalled the conversation. Asked how the prosecution learned of the con | versation, he said:
 "I wish I knew"
 George Carroll. brother of the prevf- l ous witness, was next called. The de- ---->------,---,-->- -->-r-->--~>~-->---~~>~ -