Evening star., 1909-03-08
ARGUMENT IS BEGUN
Fitzhugh Urges Conviction of
Coopers and Sharp.
PRAISES COURT AND JURY
Declares That Defendants Pass Days
Devising Carmack's Death.
DEMANDS VERDICT OF MURDER
Judge Hart Warns Spectators
Against Demonstration He
Heard Was Planned.

NASHVILLE, Tenn. March What
ever may have caused interest to lag
during the last few days In the Cooper
Sharp trial for the Staying Of former
United States Senator Carmack. that
cause was evidently removed today.
An immense throng gathered early.
There was quite the old-time rush for
seats when the doors were opened at
O o'clock.
Nashville lawyer says that all Ten
nesseeans are either orators or love ora
tory. The brightest minds at the bar OF
the state are engaged upon one side or
the other of this case. The only regret
expressed fs that only three attorneys or
each side are to speak.
Fully half the audience was composed
of women. Many men also brought their
lunches in meat baskets or homeiy paper
bags.
The women, however did not arrive
early. The courts orders are such that
they do not have to- Any time they
come seat Is provided either by a. gal
liant volunteer or by a deputy sheriff
ejecting some mere man.
Warning Against Demonstration.
As soon as court opened. Judge Hart
strations.
Il have been told he said, that some
people have been brought here to express
approval or disapproval. l. can scarcely
believe it, But I want 10 say that any
one who appaudS or misses or comments
upor argument will wish he or she had
never done it.
IL realize the immense interest felt IN
the result and want to crafty it, But
the conduct Of the audience must be
seemIy and decorous. You may proceed
gentlemen.
Before the arguments opened the at
torneys suggested some changes in the
ia bles and chairs, which would give more
room for freer movement of the speak
ers. These were carried out
Meanwhile the throng had grown ane
grown until the room was packed II
suffocation. Most of those inside th'
bar were admitted at the request of coun
sci for the state or defense.
Their number finally drew a protes
from the court. He followed it with al
order that no more should be admitted
no matter who they were.
Mrs. Carmack was in her usual seat-s
huge leather armchair-with her son Net
on its arm. With the defendants were
Mrs Burch. Mrs. Wilson. Mrs. Bradford
and Mrs Sharp, besides a score OF more
woman friends.
Fitzhugh's Opening Arguments.
Capt. Fftzhugh began the opening argu
ment for the state.
II appear before you for the first time,
he said. yet. after our long associa
ton and after watching your faces, fee
am 10 stranger TO you.
I'VE are all citizens of this great com
monwealth. proud of its achievements
proud of its honor. So | know we are
all one in Il desire TO see that law shal
continue to be enforced and that justice
and right shall prevail.
II appear before you with mingled
feelings OF regret and pleasure-regre1
that | should nave to aid in the lnqulr!
into the cause of the death OF my dear
est friend-pleaSure that that duty
should be in.rusted to such AN upright
and impartial Judge and such Il patient
honest and intelligent jury.
Jury Asked to Be Patient.
Fitzhugh then told the jury that he
realized how anxious the members were
to get home He impressed upon them
the responsibility that had been imposed
upon them, and said he was sure that
when they returned TO their homes they
would do So with Il consciousness of d
disa asreeablc duty honestly performed
On the afternoon Of November
there was enacted upon the streets OF
this city tragedy which robbed WON
an of the tendereSt and most devoted
of husbands, boy of loving father
and the comfnonW lth of Il brilliant
statesman, whose achievements had add
ed luster and glory to the state To you
has been charged the duty of fixing tho
responsibility.
Capt FitzhuGh then read the indict-
ment charging ,he three men with mur-
der in the first degree. and explaining
what first degree murder is. He dc
scribed malice, premcditation and intent
as the courts define them. and quoted
from Supreme Court decisions.
Murder Verdict Asked For.
Il have shown YOU" lie said, that il
is murder when a man takes a life upor
q sudden impulse. How much more Is i
murder when Il mans heart is So fun o.
malice and revenge that he spends al
day Sunday and most of Monday devisinl
the ways aud means of taking the life %
the man he hates so bitterly.
Capt. Fitzhugh then described how OF
Sunday night November s. Col. D. B
cooper was at the Tulane Hotel to mee
F.. b. Craig, and how Cooper made
threats about Carmack to Craig, and how
these threats were transmitted to the
dead senator.
col Cooper met Craig on persona
business: but he brushed the busines.
aside and revealed what was in his blacl
heart He owed his friend Craig none,
he owed all his friends money, and ht
never bothered about money owed. Thi:
didn't bother him.
But he broke and said: II my name
appears in the TeInessean again. Car
mack or / must die.
Seeking for Excuse.
Think of it, gentlemen. This man wh'
is a self-confessed lobbyist for railroad
this man who is charged by reputable
men with having embezZled money in
trusted to his care; this man whose nam
had been banded about the state: th
man whose dark and devious ways hav
now been uncovered-dared to send to al
honest and upright journalist the threa
that if his name appeared in the Ten
nessean again one of them must die
Think of IL.
And when the tragedy was over. tn
defendants began to look for cause
for an excuse.
King Alfonso at Moroccan Port.
CI-ETA Morocco. March Skiing al