The Washington herald., 1909-02-28
PATTERSON'S STORY
HOPE OF DEFENSE
Governor Tells of Effort to
Prevent Encounter.
JURY HEARS ONLY A PART
witness Describes How lie Prevailed
on Col. Cooper 10 Refrain from send
ing Insulting Letter to ex-senator
CRrmack-Did Not Know of shoot
ing Until Informed at Mansion.

Nashville. Feb g7.-Gov Malcolm P.
Patterson was the principal witness to-
day f. the case Of Col D. 3. Cooper. R.
J. Cooper and J. D. Sharp. charged with
the murder Of former Senator Carmaek.
The testimony Of the governor was given
in the presence Of an audience that filed
the court room
His story made marked impres-
sion. lie was on the stand for nearly
an hour. much OF this time being taken
up in the discussion between the attor-
news as TO whether all OF his testimony
was competent. The greater portion was
allowed to go TO the jury and after the
Jurors had been sent out and brought
back 20 receive the evidence Of the gov
ernor. court adjourned until Monday
morning without cross-examination Of
the witness.
Testify About shot.
Next to Gov. Patterson. the witnesses
heard to-day were Or. Richard Dake.
NelI-known physician; r a Dilsrd. a
.lumberman residing az Leeville. and Prof,
" c. kilvington. superintendent Of the
Tennessee Industrial School. all Of whom
heard the shots while near the scene Of
the tragedy
Their testimony was 70 the effect that
the first Two shots were louder than the
other three. The weapon carried BY Sen
ator Csrmack was .Ss-csliber. while the
one used by Robin Cooper was 2. The
theory OF the defense is that the first two
shots were fired by Senator Carmack- that
Robin Cooper returned the fire. and that
the difference in the sound was dae 10 the
larger caliber Of Mr. Camack's pistol.
The governors admissible testimony
was very brief. Before he was permitted
to testify the jury was sent out Of the
room and he repeated what he knew of
the case Judge Hart listened carefully
to his story Of how he had Iaborer with
Col. Cooper 10 get him to withdraw an in
sultins letter TO Senator Carmack. OF the
efforts made by the governor and Robin
Cooper 70 keep she colonel and Senator
apart. and then ruled that the governor
might tel the Jury that he had conferred
with Col. Cooper and might-c confirm the
eolonefs statement that he WAS en- route
20 the governors mansion at the reoues,
Of Patterson when the shooting TOOK
place.
Gov. Patterson testified that ne had re-
ceived on the morning OF the dav on
which Mr.. Carmack Eas shot q teIe-
phone message from Mrs Lucius z
Burch, daughter OF Col Cooper. with
reference TO the difficulties between her
father and Mr.. Carmack. and IN COM
pliance with her request he left the capi-
tol, IN company with Mr.. Scruggs. who
Is his private secretary, TO find Col.
Cooper. They found the colonel al the
Maxwell House
Col Cooper informed witness he had
written letter to Mr. Csrmack. Upon
learning this. witness telephoned to
James c. Bradford. brother-in-law of
Col Cooper. Mr.. Bradford soon appeared
at the Maxwell House. and a conference
was held In which the governor. Col.
Cooper, and Robin Cooper participated.
Col. Cooper spoke OF the editorial at
tacks upon him in the Nashville Tennes-
sean and said he wanted a cessation of
these attacks. adding that he was an old
soldiers and private citizen. and while
he did not desire an apology from Mr..
Carmack. it was his wish that the ref
ereDce TO him in the columns of Mr.. Car
mack paper should cease.
Counsel for the State having objected
70 some Of -he evidence Of the governor.
Judge Hart ruled that the result OF the
conference at the hotel might be stated.
but that the language Of the cenversa-
ton used could not be given in the pres
ence Of the jury.
Advised Against Letter.
The governor said he strongly advised
Col Cooper against sending the letter. as
did Mr.. Bradford. and Col Cooper finally
agreed 10 give the letter 70 Mr.. Brad
ford, who said that he would take the
letter and he would settle the trouble with
honor TO both parties, and asked the
colonel to meet him at his Office at 3
o'clock Witness then LEFT. and said Robin
accompanied him 70 the Arcade on the
way back TO the governors mansion. Be
fore parting witness told Robin to stay