The Montgomery advertiser., 1909-03-18

.Now. gentlemen of the jury. the ahove is representation or repfoduc- ton of the law appiicaolc 70 tn9 SasS S on trial The court nes r.a.S Hs cspnania cide embraced h the indicfment and hSs also explained to you the several slsmsnts which enter into and 20 70 make up each of these dinereht 6Isoss. and has explained to you the meaning of sseh of the several words used Tn inc indictment which constituts the evidence of the several onsnsss as laid down by our Supreme Court. and has further instructed you as te the rules by which you should cousxue the evidence and the weight to Dc given to the testimony of each and ev' cry witness.
 And the court further instructs you that you are the judges of the law and of the facts and also 1t is for you to determine what weight should be 8iv- en to any and all parts of the evi- dence. The court has also defined to you the law of self-defense as set up and approved by the Supreme Court in the leading eases In this State, upon that subject.
 "In addition to the above. 1t becomes the duty of the court to present to you both the theories of the State ana or tho defendants and to instruct you as 10 the pTOpoT maHuct ih WAASA W - pix the law to the same.
 Cententfons of State.
 .As the State under the law first presents its case, the court will in- struct you as to what Its several con- tentions are.
 aFirst. 1t is insisted by the State that E. W. Carmack, whose name ap- pears ia the indictment. whkh is here- with handed to you, Is dead; that he came to hls death as a result Of the conspiracy entered into between the defshdants. D. B. Cooper and Robin Cooper and John D. Sharp to take tn life of him, the said p. w. Carmack and that the plan entered into by ana between the said defendants to take tho life of the said E. w. Carmack was done and entered into with cool ness and delnberatIon and special ma@- | ice towards him, the said E. w. Car mack. on the part of the said defend | ants. D. B. Cooper. Robin Cooper and John D, Sharp and that the death of l said Carmack was the result of the said plan entered into by and be- | tween the defendants in manner and form above set out and described"
 The judge here described N the wounds Carmack received.
 "A conspiracy. gentlemen of the jury Is an agreement entered into between two or more persons by concertAd action to do some unlawful act It is not necessary, in order that they be. | come co-conspirators, that they should | talk the matter over and agree as to what portion each one should perform
 It Is sufficient if there is tacit un- derstanding between them to do the act and that each of his own volition | chooses the part he Is to take and per- | fxnr rs | pose.
 Judge Hart next described the theory | of the State, and to the causes of the murder, mencing with the joint de. bate and running on down to the edi' torials and up to the hour of the kill ing. Every bit of the States evidence was incorpo<ated.
 Tt is further insisted by the State that the defendant. Robin Cooper. kill ed the deceased. E. W. Carmack, IT the manner and form as above set out and described; that the defendant. D B. Cooper was present. aiding ant abetting and ready and consenting etc, to aid, and abet him. the saiC Robin Cooper, in the killing of thu deceased and that, as above stated. Il
 was the result of previously formed I plan entered into with deliberatio, and reconciliation and with specia malice toward the deceased on the par
 of the said defendants D. B. Coope, and Robin Cooper
 "The State further insists that tht defendant, John D. Sharp. was nearby If necessary, to participate in any wa, that might be necessary in the killing
 or was there for the purpose of mak
 ing himself witness for and in beh al
 of the said defendants, D. B. Cooper and Robin Cooper.
 Duty Under Circumstances.
 Now. gentlemen. if you believe thi
 insistence to be true and fully war
 ranted by the facts. and are satisfied o
 the same beyond a reasonable doubt 1
 would be your duty to convict all O
 the defendants for the crime and fel
 ony of murder in the first degree, witt
 or without mitigation.
 "Or. gentlemen. If you believe, talk , ing all the circumstances and condi tions into consideration. which ha , transpired between the parties. tha is. the deceased and D. B. Cooper an, Robin Cooper. that the said D. B. Coop CT had threatened the life of the sal
 Carmack. that is. that he was goin
 to kill him. or one or the other of then must die and that the town would no l be big enough. to hold them both an that he had written a note for the pur pose of sending to said E. W. Carmach stating in substance what had alread been sent in message by MT. Graf to the deceased and that he did nc 2 send the note at the solicitation of hi ? friends. but on seeing Senator Carmac his intention to take his (Carmack's ? life. was revived. if he ever had 1t, an 2 that he formed at that time a ike 2 purpose to. carry that intent into ext ', cution. and crossed the street for ths
 purpose either to open a fight directl
 on their getting together or having . conversation with him intending ther,
 by to bring on 6 fight and if the sal
 E. W. Carmack resisted. to take h
 lite, and that Robin Cooper was pre-
 ent intending to assist his father
 any and all extremes and under aI
 and all circumstances. 1t would be f 2 you to determine whether or not Il ( approaching of Colonel Cooper and Il s language used by him as he approac I- ed if any was used, was such an owe
 act as would reasonably cause the d 5 ceased to believe that he. the defenda ,s D. B. Cooper, was about to carry | alleged threat into execution and tn [. he was approached by both of them . this manner and form and had reas -' to believe that his life was about Is be taken or done some great bod
 harm: in that event. he would ha
 the right to defend himself from