The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-03-03
Believed Robin Innocent.

Believed Robin Innocent.
Didn't you say when discussing the
/ effect of the shooting on Robin Cooper's
future that it would affect him and that
you would take him on your arm and
carry him through it?"
Il certainly believe in the boys inpo-
/ cence and probably said 1 would take
him on my arm and carry him through.
Whether I said it or not I propose to
do it,
The attorney returned to the confer
ence but Judge Bradford said:
General, before you get away from
that press statement l want to explain.
As soon as I got to the station that
night I wrote in my own handwriting
what I personally knew of the troubles
and gave it to Mr.. Ewing. He had
| other memoranda he had secured from
| other sources. He was to put them all
! together"
And some of these notes were about
facts of which you knew nothing?"
| "Oh, yes"
But they were used with yours?"
II do not know. 1 never read the
| statement"
WHO else prepared notes?"
| Mr.. McConnico, l believe"
| The attorney general returned to the
conference in bradford's office before
| the killing. The defense interrupted to
call General Brown and asked if he noted
anything unusual In Robins manner as
he left the office the afternoon just
before the shooting. He did not. Neither
did Judge Bradford.
Theory of Tragedy.
Bradford denied that he ever wrote
detailed statement of the tragedy and
sent it out to friends He did pre-
pare a brief or synopsis of the defenses
theory of the tragedy for counsel's own
use.
Attorney General McCarn reverted again
| and again to the composite statement
prepared at the police station for the
press the night of the tragedy. but the
witness denied having any part in it
outside of his own contribution of such
facts he knew personally
Didn't you, instead Of trying to keep
| Colonel Cooper from sending that note,
tell several men you were going to deliver
it to Carmack in person for the colonel?'
Il never did"
when did you learn that Colonel Coop
er was armed?'
"In DR. Forts infirmary."
And Robin?''
Il learned he was armed tl<'e also"
did you see the revolver then?'
Colonel Cooper's; not Robins.
THAT is ALL said McCarn.
| The defense had no further questions,
so court adjourned until p M
Afternoon Session.
! In order to save time the state and
| defense got together Immediately after
| luncheon and agreedS upon a statement
of facts as to the plat of the vicinity of
the crime. the distances and measure
ments. Then the defense called Albert
E. Hill, editor and proprietor of the La
Dor Advocate. Hill heard Senator Car
mack give an Grafton at Glendale park
! on Labor Day 1t was at this picnic that
| S. ]. Benning, the witness so confused
| by the state yesterday, said he saw Sem
ator Carmack the last time the day be-
| fore the murder. The witness was iden-
! tilted solely to corroborate Benning on
| this one point.
Hill was not cross-examined and when
he was used the defense asked time for
| counsel to confer. The attorneys were
gone for nearly an hour and upon their
| return Judge Anderson said:
1.-THE defense rests it case
General Washington for the defense
| said:
III is pleases the court, the state has
| claimed the right to cross-examine some
| of our witnesses later. Now, we insist
| that they cross-examine them before our
| case-in-chief is closed. or course should
! this cross-examination develop something
new, we reserve the right to introduce
| new witnesses on the new testimony.
| Consequently, we rest only in view of the
states attitude that it will not question
| our witnesses further
Conference Held.
'If we cross-examine, said Attorney
! General McCarn, 1--WE will do so before
we begin our case in rebuttal. We will
| now retire for conference"
This seems to be conference day. re-
marked the court.
| After the consultation General McCarn
| for the state said:
| I'VE will want to cross-examine several
! of the defense witnesses. We ask for a
| continuance until Thursday morning at
| o o'clock. We have some witnesses to
! come from distance We had no idea
the defense would close so soon. We can
| get these witnesses here by Thursday
| and we will begin the cross-examinaton
| of the defense's witnesses at that time"
II granted the defense continuance"
| said Judge Hart, land I will do the same
| for the state"
1.-The defense reserves the right to put
witnesses on the stand after the states
cross examination" said Judge Anderson.
$50 our resting our case is only tentative
and contingent upon the action Of the
| state"
IT understand. said the court. NOW.
ladies and gentlemen of the audience,