Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-21
SHOT WHEN FIRED ON
Robin Cooper Declares Car
mack Was Aggressor.
BEGAN DUEL IN STREET
Young Man Simply Used Revolver
After Being Wounded.
EXPLAINS FATHERS INTENTION
Carmack on Street. on
Chance Encounter, for Personal
Discussion of Differences.
BEGAN DUEL IN STREET
EXPLAINS FATHERS INTENTION

| NASHVILLE. Tenn, February 90
| This was the defense's day in the trial
of Col. Duncan h. Cooper, Robin ]. Cooper
and John D. Sharp. charged with the
murder of former United States Senator
Edward w. Carmack.
There was only one witness examined.
the boyish defendant, Robin j. Cooper.
He made a splendid witness.
When court opened it was expected that
the state would offer one or more of its
missing witnesses. At least three arrived
last night. The attorney general de-
cided either not to use them at all or to
save them for his big conspiracy fight in
rebuttal.
Both sides seemed sparring for time at
the opening of the days session. Finally
the states attorneys appeared. Then the
defense asked for thirty minutes indul-
gence and took an hour and half.
1t was presumed that a conference was
on. In reality it was asked in order that
an X-ray photograph might be taken to
learn if the bullet which Robin Cooper
received in the shoulder was still there.
Bullet Found in Bed.
DR.. Fort thought it was. and so testi-
fed. However. the day after the shoot
bed near his knees at st. Thomas Hos
pital. 1t was a. .3S-calibzre bullet.
The gun found near Senator Carmack' s
body with two empty shells is .3S-
calibre revolver. The defense evidently
wanted to be sure that the X-ray
showed no bullet in Robins shoulder be-
fore they produced the missile found in
the boys bed.
In this connection the state has an in
teresting theory that the revolver found
near Carmack'S body was not the one
forced upon the dead editor by one of his
staff a few hours before he was shot.
The one picked up is blue steel 49,
calibre.
Col. Cooper's revolver. secured a day or
two later. is nickeled .3S-calibre. APP
parently it had never been discharged.
AS soon as the X-ray plate had been de-
yeloped and disclosed no trace of a bullet
the defense announced itself ready and
called young Cooper to the stand. The
boy is slender, erect, clean-cut, high
bred type Of a young man.
His features are delicate, almost femi-
nine. He carries himself in an erect and
manly fashion. There is nothing effemi-
nate in his manner.
His voice Is soft and we'll cultivated.
He speaks slowly, almost with drawl.
He answered every question with a de-
liberateness and caution that at times
seemed to exasperate his counsel, Judge
Anderson. and put him in the light of an
unwilling witness. But there Is no doubt
that his evident sincerity and disinclina-
a. AL, Asya fac nr @ iflrD
made q strong impression on both jury
and spectators.
His cross-examination was postponed
until Monday. Then it will consume prob
ably most Of the day.
Robin Cooper's Story.
He said he practiced law in the office
of his uncle, James Bradford. and that
November 8, the day of the Carmack
shooting, his father called at Bradford's
office in the forenoon. Young Cooper, who
gave his age as twenty-seven, referred to
his father as papa"
Papa told me-" he testified, ''he was
afraid he was going to have trouble with
Mr.. Carmack."
After a long argument of counsel Cooper
was allowed to explain such parts of this
conversation as had been previously tes-
heard parts Of the conversation.
The witness continued, speaking of his
father:
"He said he was afraid of trouble.
asked him why.
He said. in substance. that Mr.. Car
mack in his paper had been printing
editorials attacking his character, and, as
he put it, shooting poisoned arrows. He
said it was becoming uncomfortable.
HE said he had seen Mr.. Craig the
night before and told him to tell Car
mack that he must cease using his name
in his paper. He said Mr.. Craig returned
and said he had seen Carmack, but
Carmack would agree to nothing.
LAS I remember it, Mr.. Craig said to
papa that Carmack was I'm vicious
humor or mood.
Robin said his father also told Craig
to tell Carmack that unless he ceased
using his name the town was not big
enough to hold them both.
II was greatly worried the witness
continued. land l said believed my
uncle could bring influences to bear to
show Carmack the injustice of his
course. 1t was then that papa said:
He had no right to use my name. and
have a right to protect myself.
Testimony Ruled Out.
The defense attempted to get in testi-
mony by Robin tending to show that
Col. Cooper's waiting for Carmack the
day Of the killing was merely to protest
against the use of Coopers name in the
paper. But this testimony was ruled
out.
Then Judge Anderson, in an impassioned
plea, frankly admitted why this evidence
was essential. The court was unmoved.
Robin said that after this talk he tele-
phoned his sister, Mrs Burch, for the
purpose of getting her to find his father
and keep him off the streets.
why did you wish him kept off the
streets?"
II feared Mr.. Carmack might have re-
scented the message papa sent him and
that there might be trouble
How old is your father
He is sixty-seven years old
And his physical condition.
His right hand is crippled, the two
smaller fingers of the hand are bent in
and cannot be moved
What did you do them" asked
Cooper's counsel. again taking up Robins
movements during the morning
Il went out and looked for papa, hut
Office and telephoned Gov. Patterson to
ask him IL he knew about the trouble"
did you get pistol that day?'
II did. ] got 1t from my uncle, Robin
Jones. 1 called him up and asked him IL
he had one. My purpose in getting 1t was
this: From what papa said, from tele-
phone conversations, from the mes
sages-
I'VE object 10 his reasons" said State
Attorney General McCarn.
Feared Carmack's Resentment.