Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1909-03-06


thousand doEars bail to await the
action of the grand jury
Nashville, Tenn, March Eyes
terday was the states day in the
trias OF Col. ID. b. and Robin Cooper
and John ID. Sharp for the murder
of former United States Senator Z.
w. Carmack Not only did it tear
to pieces what was left OF the testi-
mony OF s. j. Binning. the defenses
mysterious redbearded man who
claimed TO have seen the shooting
but 1t challenged the right OF the
Coopers to be on Seventh avenue
at all, the day OF the killing. II
did this by tmpeaching the testimony
of the governor and others who
claimed the Coopers were invited to
the mansion and that while on Their
way there they met Carmack and a
street duel followed
Bombardment of the case of the
defense began early In the day when
two witles es swore that Binning
the night of the tragedy said to
them:
IF / had been five or ten min
utes earlier I wo Id have seen the
killing"
Later IN the day the state intro
duced witnesses attacking the reas-
on the defense gave for being on
the street which Senator Carmack
must traverse to get to his apart
ments.
Adjutant General Brown, Judge
Bradford, Col and Robin Cooper had
testified that after Col. c oper left
Bradford's office just bef, re the
shooting, General Brown recalled
him to talk to the governor over the
tex hone and that it was in obedl-
ence to the governors command
that the men were on Seventh ave-
nue., upon which is the executive
mansion when they met Carmack
Two Witnesses swore that after Col
Cooper left Bradford 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 caF-
ing the colonel, the colonel at Judge
Bradford's suggestion, called up the
governor at the capitol The latter
testimony, however, was n print
ted to reach the jury.
In rebuttal, too, he state attack
cd Judge Bradford. Miss Lee swore
that he tod her he could have shot
Carmack himself with as little re-
morse as he wo Id have shot a
rattlesnake. She al-o swore that
Paul Davis, another OF the defense's
witnesses declared to her he would
perjure himself to get on the jury.
When the sun had set and the
battle was over the state ann unced
that 1t would have but two or three
more witnc ses to complete its case
in rebuttal and that they would be
put on tomorrow.
The defense has not announced
It's purpose yet but It Is safe to say
that the arguments will begin next
week. No time limit will be put on
O ther side. There are a score Of
lawyers in the case and tn speeches
doubtless VIII last several days.
Soon after court adjourned the
states attorneys went into confer
ence. AT D. m they EN-, rged aad
Attorney General McCarn held a
warrant for the ar st OF S. J. Bin
ming on a charge OF perjury. The
specific allegation ~ that when he
testified that he saw Senator Car.
mack twIrling the cylinder of his
revolver, he swore TO lie. The war
rant was served at once
George Wooden. one OF the days
hrst witnesses was caTed BY the
state t otestify as to the location Of
the two telephone poles 1T the scene
OF re tragedy. The object was 10
pave the way foG the introduction
OF the ph iograph taken yesterday
by the state Of the pole still stand.
ing together with the dummy pole.
Attorney General Garner SAID:
The defense, your honor. has
tried to prove fbot Co.,. =,