Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-16

the story is? Mr.. Gamers head is turn
ed as fas as il will go and there is no
chance that could put a bullet from this
position into the back of Mr.. Gamers
neck. you see. But the bullet went
straight into the spinal cord of Senator
Carmack, his collar and his coat prove
Il. There are the mute witnesses that
bear testimony which you could not dis
believe IL you tried. No. gentlemen, Rob
in Cooper never came west of these posts.
He came in from the rear while his
father attracted Carmack's attention. If
he had come in as he says he did Mrs.
Eastman would have seen him for he
would have passed directly i'm her line
OF vision but she did not see him. AS
soon as she heard the voice. she turned
I'm its direction and saw Colonel Cooper.
She saw Senator Carmack. Robin says
he jumped between them. Yet Mrs. East
man did not see him. She saw Carmack
stagger and fall. then and not till then
did she see Robin and she saw him step
up from the street to the pavement. So,
gentlemen. he could not have been be-
tween the two men and have escaped
Mrs Eastman's view.
Shot i'm the Back
Now. l say l do not know how it
was done. but / believe this 27-year-old
boy. a graduate OF law. years in the
office of the biggest lawyer in the state.
with beautiful sisters and tender foster
mother. with a thousand years Of blue
blood and breeding with an ancestor
standing in front of him. deliberately shot
a man in the back OF the neck and shot
him again as he fell. That is what breed
ing does for man.
Now. Mr.. Garner once more. They
say the shot in the back was hred as
Carmack fell. some way. Let's see. Bend
over Mr.. Garner as far as you can as
though falling. There ] shot. now see the
direction of the bullet? il would be
through the head and out the top Of his
head. wouldn't IL? II would not have been
straight through the neck and out under
the tongue But even say he was shot
in the neck as he fell. II he had turned
around so Robin could shoot him from
the position the defendant says he occu-
pied at the moment. the victim would
have fallen. with his face to the
east. vet when found his face
was TO the west. There, gentlemen.
are some of the physical facts which
prove that the defendants do not tell the
truth"
General McCarn then took up the au-
topsy and the testimony of Dr. Glasgow
He declared that the state had right to
state was ready to show that the bullet
wounds were not inflicted as the de-
PENDANTS said they were. z-t-.
why. you men are my friends and
neighbors. You know that l would not
suppress any information throwing light
on a case. 1 am not a murderer. and an
attorney general who would suppress
facts. is a murderer. And washington
accused me of suppressing information
mis- al
gentlemen. Il is not in the record, but
they will not deny that went to each OF
them and told them that there would be
no dispute over Carmack's pistol, that l
knew the truth. But they say we did
not put IL in our case in chief. No, we
did not. because his honor ruled that we
could not show Senator Carmack's mental
condition in our case in chief
Searched for Scabbard
and we knew Of that scabbard, too,
for We went up twice and searched for It,
but we could not find IL, and We did not
find II until 1t was drawn out on the
stand. Now. somebody else knew about
IL. too; the COopers and John Sharp
knew OF it. Why shouldn't they? They
are not ordinary prisoners. They do not
have to stay in cells. They talk to their
friends at any time without an officers
presence. contrary to the laws of Ten
nesee Even Binning could talk TO them.
But the scabbard, we think IL was left in
Carmack's hip pocket in his trousers.
That's our belief. But Binning saw the
revolver in CaTmack's overcoat pocket,
gentlemen; he said he saw il there, so
the scabbard had TO be there, too, and II
was"
General Washington jumped up and an
grily asked:
Did you tell Undertaken Doris you
were looking for the scabbard?"
NO. sir, / did not. 1 was not telling
my case to Mr. Doris. Did you tell him
you were looking for a scabbard when
you went there?"
There was a shrek of laughter, an out
burst OF handcIapping and something that
sounded like a cheer. Judge Harris face
grew white with anger and his gavel rang
loud upon the desk.
eff such an outrage occurs again, will
clear this court ROOM"
Events After Tragedy
General McCarn then took up the ac-
ton of the defendants after the tragedy
and described how Colonel Cooper had
called his daughter. Mrs. Burch and said:
ITS all over, Robin has killed Car
mack
What was the meaning?" inquired the
attorney general why did he resume an
old QtSCuSS1Ons why II Iney all reared
Carmack would kill him, did he say 1t is
all over?' Because, gentlemen. they knew
what they went out TO do and they an
nounced the contamination of the deed
with the expression, 1T Is all over
Next there is Binning. / knew this
man was lying and so did you. He came
here accredited by the defense. l don't
know why they accepted him. But If 1
ever get hard up, I'm going TO sell gold
bricks TO counsel for the defense Binning
saw Senator Carmack twirling a revolver
cylinder which would not twirl. He re-
membered that he struck match on
a hinge of a gate, but he could not re-
member how he went home that night.
why. Binning contradicts himself in
hundred ways and not soul. not even the
defendants. admit that they saw Binning
at any place near the tragedy.
Now. your honor. I had hoped to fin
ish my argument this afternoon. but II is
O'Clock now. and I am exhausted. Your
honor viii not charge the jury tonight
anyhow. and would like a little time on
Monday" r.,
The request is granted, said the
court f-r-. 90
Take out the jury and adjourn court
until a. m. Monday"
PRIEST is IN DEBT
TO CHURCH SI5S,OOO