The Montgomery advertiser., 1909-03-13


 better. knows that he would not d, such a thing. Yet a moment later General Garner. himself. addressed yo, and quoted from the testimony of Gov Fernor Patterson which the court ex cluded from your hearing. am go ing to be more charitable to Genera Garner than he was to General Meek, and say believe he was mistaken. And Geneal Garner says too, tha we say Mrs Eastman lied... You know that is false. gentlemen. You know 1, Tor there Is no man on the part o' the defense who would be guilty oi such ungentiemanly and unethicaI conduct.
 Regretted Carmack,s Death.
 Those of you who know my per. sonal political fondness for Senator Carmack know that I regretted his death. You know that I deplored the tragedy and my sincerest prayer is that the God of the widow and the orphan will tenderly guard the gen. tie woman and the. beautiful boy who are left to mourn his loss. But the most pitfful part of the entire tragedy Is that Senator Carmack himself forc- ed the conditions that ended in his de- mise.S
 There are some things, gentlemen in this case, which are not disputed and are not disputable. The state cannot dispute that Carmack had a revolver secured from Major vertrees, that he had 1t at the moment of his drew that revolver and that he fired 1t. No one can say that Carmack had a right to draw or fire that pistol. Still the state comes here and insinuates that an honorable and honest young man, a retired army off1cer, tempered with the Carmack revolver or substi- tuted discharged shells for loaded ones"
 Judge Anderson discussed the state's theories at some length and declared they were untenable on any ground. I will prove to you gentlemen that Senator Carmack brought on the dif1- culty that ended unfortunately in his death. There was no escape from the tragedy Blindly and relentlessly an evil fate drove him headlong to his own destruction. To understand 1t, ] while trace the early relations which existed between Colonel Cooper and Senator Carmack, l know this has been gone into before and l shall be very brief. recounting only enough to lead to a better understanding of what followed. There was a debt owed by Carmack to Cooper-not money, but
 
 burns when its payment is withheld the debt of gratitude"
 Judge Anderson then recounted the story of Carmack's youth, his early meeting with Cooper, Cooper's patron age. the political success of the dead man, the continued friendship of the pair. the political campaign of Car mack and Taylor. the break in the friendship and tlss quarrel that ended in the murder.
 There Is no contention. gentlemen that editorial utterances ever justify the taking of human life It has been charged that General Meeks has ap- piled the unwritten law to this case Now. as I understand it. General Meeks simply said that men had been killed for less offense. was it not Generalo"
 General Meeks nodded gravely in as- sent. Judge Anderson did not explain however. what General Meeks meant when he boldly declared that the law provided no recourse for a man of sensitive honor whos was attacked ed itoriAlly or on the stump.
 Explained Editorials.
 Judge Anderson next took up the editorials and went into a detailed ex- planation of what each paragraph meant. wherein 1t gave offense and
 
 ss Colonel Cooper put upon 1t. He told how the Colonel bore it all ps- ttently for a time. but how he chafed under the sting of the poisoned ar- row"
 Then the speaker decfared:
 'I do not say and would never say that these vicious editorials, this con ttnued use of Colonel Cooper's name in the columns of The Tennessean war ranted the Colonel in killing the Sena- tor, hut I do hold that the assaults justified him in demanding of Carmack that the offensive use of his name should cease at once.
 Did you ever, gentlemen, listen to more whitening sarcasm. more biting contained in these editorials written by the greatest master of invective that the South has produced
 These attacks continued and con- tinued. They spread all over the State His name was banded as the name of a lobbyist and as a. corrupt politician who brought about a coalition of cor rupt factions for corrupt purposes Forbearance ceased to be virtue and driven to desperation,' the Colonel determined to force a cessation. So he wrote a note. All this old soldier asked was that he. a private citizen be exempt from attack; that his name be spared. that his family be spared and that he be permitted to live out his days in peace.
 What if he did use violent lan- guage? Who would not9 And what did Carmack think when Craig brought him that message? What fl Colonel Cooper did say One of us must die? I do not care. the man had been driven to desperation. Did Carmack whom he got that message. recall the early days? Did he remember the days when CoopeE took him by the hand and. gave him the only opportunities he ever had? Did he remember the Colonel's family7 Ills beautiful. sen. sitive daughters, his young sons? Did he recall the old days? Oh. why did he not say to Ed Craig Tell my old friend I didn't mean to hurt him; that I was only having little honest fun and that I will not annoy him fur ther'? Why did he not? Then there would have been no trouble.
 But did he? You know he did not. Instead, the news brought to him by Ed Craig. that his old friend was be- ing tortured to death by his merciless pen, delighted blm so that he looked pleased. Think of 1t, gentlemen, he looked pleased! You remember that the State brought 1t out They asked MT. Craig how Carmack looked. and he said He looked pleased. Yes, gentle men, so pleased over his old benefact- or's agony that he telephoned out in an hour and secured a revolver That's how pleased he was.'
 Judge Anderson took up and dis cussed the conferences, showing. ac- cording to his theory, that all Colonel Cooper wanted was peace and that Robin Cooper's entire effort that day the day of the~tragedy-was to pre-.