The Birmingham age-herald., 1909-03-12


 Judge Bradford. Miss Lee is-well mis- taken.
 And they bring a newsboy here and l he swears he heard Colonel Cooper say
 to Robin, We will get him, or we
 will catch him. The boy was mistaken
 Robin had just said he wanted cocoa
 co.a and what the boy heard Colonel 1 Cooper say was, we'll get it.. Commenting on the states failure to | cross-examine Governor Patterson Wash 1 ington said "The state didn't dare. They | knew better than to bump into buzz l saw revolving at the rate of 12O times a second. Even the bee martin would l not try
 General Washington had not concluded his argument when court adjourned for | the noon recess.
 Right to Be In Street
 After the noon recess General Washing | ton took up the right of the Coopers to
 be on Seventh avenue the afternoon of the killing. No claims having demonstra-
 ted that Governor Patterson had sum- 1 moned Colonel Cooper to the executive mansion, the Coopers had the same right there on that street that Carmack had
 Next he attacked General McCarn for l not putting into his case-in-ehief the 1 proof as to how Senator Carmack got l the revolver which he carried when he was shot He declared it was the duty of the Attorney General to put this evidence in and that he did not do so because he l knew it would ruin his case. l After the denunciation of McCarn, Gen. l eral Washington went back to the morn ing of the tragedy and started in on the early morning conference. Again he led up to the time Of the shooting. Continua- 1 ally he referred to Colonel Cooper as the soldier of the Confederacy" the 1 grizzled hero of the Lost Cause" the man who rode with Forrest and had passed through the hail of death and had seen his comrades fall like leaves in au- ] tumn.
 He declared Colonel Cooper proved his bravery when he walked over to meet Senator Carmack who was much younger, much larger and in the prime of life.
 Meeting With carmack.
 "He didn't know that Lander had l emptied a ladle of hot heat into Car l macks ear. And Robin didn't know it. 1 He knew this old soldier of the Con 1 federacy, crippled and infrm, was go- ing over into danger. He had right to go along. If he had not he could not 1 have lived in this community, no decent man would have taken his hand and he would have deserved to have been drowned like puppy. So up to the time he crossed the street to go to his father, he had committed no wrong vio- lated no law of God or man. Colonel Cooper extended his withered old hand in amty. There was no overt act, was there, in holding out a withered hand? And Carmack would have taken that had if it had not been for the moul- ten lead poured into his ear by Lander. And all Colonel Cooper said was: MT. Carmaek'. Mrs Eastman tells a cock and bull story about Colonel Cooper say ing, So there you are, sir l have the drop on you, but Mrs. Eastman did not tell of this remark a few moments after the tragedy when it was fresh in her mind and when she talked to MT. W. s. Morgan. But she drags 1t into the case al this late day"
 First Law of Nature.
 Mrs. Eastman denies she ever saw or spoke to Morgan and is corroborated by several women who were present. She says she did talk to Mrs. Morgan, and that it may be Morgan got the idea from his wife.
 Why, gentlemen" Washington went on, "Carmack, from Mrs. Eastman's own testimony, drew hls revolver the moment he heard Colonel Cooper's voice, and Colonel Cooper was so surprised and startled by this overt act that he didn't even draw his revolver.
 ''Then Robin swung in. A new face confronts Carmack, but his brilliant mind takes in the situation and he realizes that he has both the Coopers at his mercy and he opens fire to kill them. once, twice he shoots, then like this, Robin, after being wounded, swings around the posts and shoots three times, like this"
 General Washington seized the Carmack revolver and dramatically acted out his theory of the shooting and he moved so violently that he lost a suspender button, and had to desst minute and repair the damage.
 'Is this a case of self-defense?'
 What act did Robin commit in de- fense of his father? Did he raise his hand? Did he strike blow? Not once. He came around and Carrnack saw his op- portunity and shot him, not his father. Up to that time he had done nothing and said nothing until he gets that wound that came within half an inch of a fatal shot. And as, he didn't fire in self f-defense, eh! he had no right to fire?
 Denial By Mrs. Eastman.
 "Self-defense is the first law of nature, all things living are equipped to protect themselves. The law provides rules and men to enforce them, but when you go out on the highways and are suddenly and viciously assaulted, then you have to pl otect yourself"
 GeneTd1 NdSDlllB tOn TttuInCu lo liic famous scabbard found in Carmack's oyercoat pocket
 General Garner says he exonerates me and General Meeks of putting 1t there. Then the only other men who had an op- portunity to put it there are General Me Carn and Captain Fitzhugh, and Iexon- crate them. But say that any manSwho Is mean enough to insinuate that any lawyer would do such thing is mean enough to do it himself. And after they make a mystery out of the scabbard they have Washington on the floor, and then | McCarn and Garner proceed to walk up 1 and down upon Washingtons prostrate form. But if they had taken the trouble to inquire into the history of this county ! they would have learned that any man ! who attempts to walk over William Wash | ington's form will find out before he gets l through that he has something under his ! feet"
 1 Washington grew very excited over the ! ir cident and suffered another accident to i his suspenders. He attacked the state for : trying to impugn his professional stand i ing and denounced the states attorneys i for unprofessional conduct. The attorney next turned his attention | to Benning. the witness under arrest on | a perjury charge, and defended him warmly Benning was in the courtroom i and enjoyed the eulogy immensely. i At D. m., having spoken nine hours, ! General Washington announced that he would conclude tomorrow.
 Court adjourned until 9 o'clock tomor- !, row morning.
 Army Officer Sentenced. uaSbinyton March 1.-The President