The Montgomery advertiser., 1909-03-06

msnted Judge Hart Tderoupon me wttnsSs was excused without cross examination.
 Frank Allen. . drivss oe . laundry wagon, was near the scene of the trarsdy when 1t occurred. He was In the wagon. talking to . Mrs Mor- ran and facing north. He did not see Senator CArmack or the others. He heard the shots and looked up the street.
 "Did you see anybody on the street, on the pavement or on tho lot at that moment"
 'T did not"
 (rhis was another nat eontradic- ton of Benning' who swore he was there.)
 On cross examination he said the shots frightened his horse and he devoted much of his attention there- after to quieting the animal
 Weather Observer John s. Stuart was next called to testify as to the rainfall the night before the tragedy. The defense again objected and the State through General Garner said:
 "Benniug sworo he tried to scratch match on two telephone poles and could not do 1t because they were damp and had to scratch 1t on the hinge of the gate. We want to show that there was no rain the night be- fore"
 ~Rssters. For Defense.
 The court sustained the dsfense's objection and there was some laugh- . ter as General Mccarn said: "stand aside. MT. Stuart."
 when the laughter ceased, General McCarn exciaimed: T object to demon- strations by the rooters who surround the defense's side of the room and ask that they be suppressed"
 T think your remarks are proper and I intend to see that the rules of order are enforced" said Judge Hart.
 A lot of priceless lawyers who gather in one corner of the room. dis- cuss the case audibly and give mani festations of satisfaction. were re- sponsible for tho outbreak.
 The State called several more wit- nesses who failed to answer and Gen era1 Garner asked an adjournment until 9 p. m., which was granted.
 Talked With Carmack.
 After lunch con recess the State call ed Jordon Stokes. who saw Senator Carmack few moments before he was killed on Seventh avenue near the
 Did you have any conversation with him?"
 'T did"
 What was his manner?'
 Nothing out of the ordinary"
 "Did he have anything in his hand?"
 "A cigar"
 Did you notice any excitement in his manner?"
 "Nothing at all"
 "He was pleasant and affable?"
 "As always"
 Mir. Stokes, who Is . prominent law yer, was then excused without cross examination and Mrs. Ida Clark. wife of a local newspaper man. and her self society editor of Tho Tennessean, was called.
 Mrs. Clark saw Senator Carmack just as he was leaving the office for his apartments.
 How did he act and look2"
 He was in a very pleasant humor. indeed"
 Did he tell you where he was go- ingT
 "Yes, to his rooms"
 was there anything in his manner or demeanor that indicated anger, ex- citement or uneasiness?'
 There was not"
 Did he have on an overcoat?"
 "He did,"
 "Did he say why he was going to his rooms?'
 "He said he had been dactating let ters and was going up. to his rooms to rest" Mrs. Clark was not cross examined. Mrs. A. J. Mcwhorter. who lives on Seventh Avenue. near the scene of the tragedy, followed Mrs. Clark. She tragedy and went to the front window.
 Did you see any one on the lot on the corner or the path across this lotT'
 Not c soul."
 "was there any one across the street7"
 "Yes; a lady and a gentleman"
 She was introduced to disprove Bin- lot under Mrs. Mcwhorter's window, after the shots were fired.
 Thought ShSts Were Blasts.
 The witness said her husband heard the shots too. and went out. At first. she thought the shots were blasts, and thought so for some tims.
 You did not see Binning, q red whiskered man. meet a man on that lot, in the path right after the shots were fired?
 q do not know Mir. Binning, but there was no one on the lot"
 Cross examination by Judge Ander- son was very brief and elicited only that Mrs. Mcwhorter did not attach any importance to the shots.
 Then Mrs. A. B. Mason. who lives in the same house with Mrs. McWhorter. was called by General McCarn. She ran to the side window and looked in every direction she could. to try to see what caused the shots. She could see nothing. Then she ran to the front window.
 "What did you see9''
 q saw Senator Carmack's body oA the pavement"
 when at the side window. did you see a white man with a red beard meet a negro"
 the path or street on Union Street."
 On cross-examination she said she had a vague idea of seeing some peo- nie on Union Street, but 1t was not dis tinct--only m impression.
 I. P. Lewis. a contracting superin- tendent, was standing near Union Street, half a block away. near the ex- ca ovation for the new hotel. when the shots were fired. He looked up across the vacant lot. which Binnlng says he crossed getting away from the scene of the shooting. He saw no one coming as Binning says he caaDe, but in few moments, several people ran across 1t, going in the direction whence came the shots. Cross examination by Judge Anderson developed nothing new.
 On redirect examination. General McCarn asked:
 "What did you do when you heard the shots"
 q tried to locate them. but 1t was very dark and foggy and" "You were not asked about that snapped General Washington.
 "But he has O right to say why he did not discover at once where the