The Montgomery advertiser., 1909-03-02

fire arms.
 Anderson Explains.
 T wish to say" said Judge Ander- son. that wanted to use the pistols in the case. but 1t was deemed bes, not to shoot what is known as 1ths Carmack pistol again. We got one like 1t and used the pistol Robin car i ried as we'll as another 32-caiibre au- tomatic."
 Henry cradwelL steward of the county asylum. corroborated pr. Car penter's testimony.
 I. T. Rhea, a grain dealer, testified that Attorney James Bradford was accustomed to answer the phone him. self. Miss Lee had testii\d that Brad ford never did this until the afternoon of the tragedy. thus implying that a telephone message was expected.
 The State objected to the testimony and an argument ensued as to what l Miss Lee really said.
 The record sustained the defense and the court permitted the question. Rhea said he had known Bradford for years and knew that he often answer ed the 'ph one himself.
 Cross examined Rhea could not say 1 how often he visited Bradford's office or how often he heard Bradford an- swer the phone.
 Paul Davis, secretary of land com l and whose offices are next to the lat ter's testified to the same effect. | Didn't Miss Lee ask you If some- | thing unusual was not going on." h. quired Attorney General Garner. "and did you not reply: Colonel Cooper Is going to kill somebody if they do not l look out?"
 No, sir"
 Nor words> to that effect?" Nn Sir
 But she may have said something like that?-
 'I do not remember that she did"
 Didn't you tell Miss Lee, when getting the jury that you would swear to a lie to get onT' T did not"
 At this point court adjourned until 7 p. m.
 At Newspaper Ohice.
 After the noon recess. the defense called s. J. Binning who tessified that | he was at the office of The Nashville | Tennesseean about 3:30 D. m. the day of the tragedy to complain about a failure to receive his paper. From The | Tennesseean office he went to the Cap itol building. At The Tennesseean who did you seer" asked General Meeks. T saw MT. Carmack and three other gentlemen" What were they doing?"
 They were talking You knew Senator Carmack ?" "Yes, I knew him somewhat" What happened?
 He talked to the gentlemen and chen had a paper in his hand. He walked out the door and as he did so he put the paper in his right hand | overcoat pocket l Did you see Carmack?"
 "Yes, I told him of not getting the paper. Carmack gave me one. I walk cd on down Church Street and when I got in front Of a side door 10 Dr. Eyes office saw some gentlemen | talking to a lady. The lady was Tn a buggy, tho gentlemen was on the | street. I thought 1t was pr. Eve and | waited to talk to him, But learned soon | 1t was not the doctor. so I walked on upQ Seventh Avenue. When 1 got near the alley paused to light a pipe and as I did so I saw l Senator Carmack pass me. I started across the street behind the Senator. and he did not seem to see me. As I | passed over he put his right hand In | his pocket and raised a revolver out of his overcoat pocket. his right thumb | on the cylinder and moved the cylinder around. At the same time he pulled a paper out of the coat pocket with his | left hand"
 What did he do with the revolver?"
 Just turned it in his pocket" Then what"
 T walked on and in a minute I heard two shots. I looked around as I had passed Senator Carmack I saw the Senator standing in the street"
 What did you do?' | T kept agoing. I took one look and never looked around again I heard | two or three shots in a minute"
 You may cross examine.' said Meeks.
 Confuses Witness.
 Binnfng said he had been in Nash vile only twice and came here from Danville, III. He has lived here two years this last time. Just at present he is out of a job but until recently had worked for the street railway and electric light company General Garner went at the witness with vigor and greatly confused him on minor details
 You know ii was a pistol you saw Senator Carmack raise from his pock- et?"
 "Yes. I know 1t was." | You swear 1t was?" | Yes"
 | "What kind of a pistol?"
 q don't know. 1t was a steel pistol"
 "A bright or dark pistol" "A shiny nickel pistol" | This was a decided sensation, for the | revolver said to be Senator Carmack'e | IS blue sreel, while the one taken from | Colonel Cooper was nickel plated. | The State has always contended that the blue steel gun found near the dead Senator's body was Colonel cooper's. l On the other hand, the man who loaned Senator Carmack his revolver, Major | Vertress, has sworn that the weapon was blue steel This is only one of 1 the many apparently irreconcilable l contradictions in the case.
 General Garner pressed the witness l closely on this point and finally com- | pletety upset him
 Tt was bright steel, you are sure7" Well maybe it was dark"
 50 it's a dark pistol now, yet q mo- ment ago you said 1t was bright one? | Now which is right?" | Well, maybe it was not very bright, or dark, just polished steel"
 What color is polished steel, Is 1t dark or light?"
 "I reckon it is only polished steel"
 The witness floundered some more | and finally admitted he did not know what color polished steel was or what it looked like.
 Who else besides Senator Carmack did you see?"
 'I didn't see anyone I know"
 Did you see anyone you didn't know?"
 l "Yes. I saw a negro"
 "WhSre did you see him?"
 "On the path in the lot at Seventh