The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-02-27


not confined to the questions asked for
by the defense of the witness. but that
the witness might testify to things not
brought out on direct examination. He
ruled however, that Major Nertrees
could not testify as to what transpired
in Senator Carmack's office the night
before the shooting This is the hard
est blow yet struck at the state, as it
shuts off the attempt to show that Sem
ator Carmack scoffed at the idea of
trouble.
The state then resumed cross -examina-
ton through Attorney General Garner.
How did, Senator Carmack receive you
that night@'
'sVery pleasantly"
How long were you there in his of
flee before the pistol was mentioned?
Not very long, for I soon asked him
what he wanted to see me about.
Did his appearance indicate anger or
ugliness?'
It did not"
to elicit something concerning Carmack
mental attitude the night before the
killing. but attempts were frustrated by
the court.
Did anyone ever object to your telling
the whole truth about this case?'
Never I asked the defense not to use
me, but made the attorneys. promise that
give me notice in time for me to consult
with attorneys of the state.
"The shield or scabbard on the gun
would remain in the pocket when the
revolver was drawn. would it not?'
"Unless it were held upon the revolver
barrel by the hand it would remain in
the, pocket"
List of Witnesses Given.
When Major vertrees was excused the
\ IiGt of o.
lenses witnesses list was handed
to the attorney general and the defense
! called r. 4. Creighton. civil engineer
/ who made plat of the scene of the
crime and swore to the accuracy OF his
| measurements.
J The counsel for the state scanned the
list of witnesses eagerly but smiled when
! they realized how incomplete 1t was.
/ The name of Governor Patterson was
not on It. neither that OF Adjutant Gen
eral Tully Brown
The next witness was r. P. Siegenthal-
er. city foreman of linemen for the West
ern Union He removed one of the pores
at the scene of the tragedy and took 1t
to the store house. He never examined
the pole and knew nothing of any bull
let holes He said Mr.. Ewing for the
defense visited him once-an asked that
/ it be preserved The state objected ana
/ the defense claims that one of the state
/ witnesses declared II ldu pSeh Wv ~" =
! secretly.
4 The court sustained the objection, and
: the witness was excused.
! A. H. Wright contractor who got
the pole. told of examining it and ind
! ing no bullet holes, although he looked
/ for them.
Pole Cut Badly.
on cross-ex animation Wright said the
/ pole was curved, and that 1t had many
I nv curiosity
Sandy Brown, the next witness, cor
i rohorated Colonel Cooper's story of his
| irving a horse he wished to buy fop his
! granddaughter the morning OF the trag-
! edy. Blacksmith OBrien and DR.. %. y.
Brown. a veterinary. corroborated Brown
and fixed the time at 10 a. m. DIR. Brown
! said he drove away with Colonel Cooper
! and was stopped by a negro servant In
front of Colonel Cooper's daughters home
and that Colonel Cooper got out of the
buggy. This was after II o'clock These
witnesses contradict Miss Lee who said
F., Colonel Cooper was in Attorney Brad
ford's office about 1890 or II o'clock the
! morning of November g. OBrien and
Brown escaped cross examination, but DR.
/ Brown was asked what else he did that
day. He could not remember anything.
cooper's Gun Identified.
Thomas s. Hutchinson police COM
missioner of Nashville, was called te
tell of meeting with Colonel Cooper r
the Tulane hotel the night before the
shooting at about 10 O'CLOCK.
did he ask you for anything
"He did. He asked me for revolver
did you lend him one?"
II did"
lis this your revolver?"
The witness examined the nickel-platec
gun which the officer took from Colone
4 Cooper and said:
ut is
WAS it ever f1red?''
''Never while in my possession.
WAS it new revolver
ut was
There was no cross-examination.
! Thompson on Stand.
The defense next called T. Leigh
Thompson, deputy state insurance com
missioner, who got to the scene of thu
tragedy about five minutes after it oc'