The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-02-28
TenRessee's Executive Details
the Events Of the Day
Of the Tragedy
TESTIMONY VERY BRIEF
ON JUDGE HART'S RULING
State Causes Surprise BY Not Offering
to cross-Examine the Governor,
But VIII Later Call Him
to the Stand.

Nashville. Tenn. February 27.-Two
facts stood out strongly in the Cooper
Sharp trial today for the murder of for
mer United States Senator e. w Car
mack. One was the calling by the de-
fense of Gov. NJ R. Patterson. The
other was the failure of the state to
cross-examine him. 1t has generally been
conceded that-however innocently-Gov-
ernor Patterson was one of the remote
causes of the killing Carmack ran
against Patterson for the democratic
nomination and lost Colonel Cooper, for
merly patron and friend Of Carmack.
supported Patterson. The newspaper
fight which began then, did not end un-
til the morning of the day of the trag-
edy. Throughout the testimony in the
case the name of Governor Patterson
appeared, continually and insistently.
Finally Colonel Cooper testified that the
governor sought and found him few
hours before the tragedy.
day-dd it reluctantly. some say-gladly.
according to others. Anyway. the COVER
nor testified twice. once before the court,
and again before the jury. To the court
he told how he was called over the tele-
phone by Colonel Cooper's daughter, Mrs
Lucius Burch; what Mrs Bllrch told him
he did not say. But. il is known that the
girl was in deadly terror and appealed to
the chief executive to use his influence
to avert tragedy.
Hunt for Cooper.
Whatever Mrs Burch said so impressed
the governor that he took his private
secretary and began a frenzied hunt for
the colonel. commencing at a. m. and
ending at the Maxwell hotel at noon.
where he found Cooper. He told of a
conference there at which besides him
self were present the colonel, Attorney
James Bradford and Robin Cooper He
described the colonel's anger and his
declarations and told how they soothed
the old soldier and made him promise TO
let friends arrange peaceable settlement.
Every interesting detail was revealed.
down to the elimination of the affair in
the shooting on Seventh avenue near
Union street
Somehow the news got out that the
governor was to testify and half an hour
before he was called the empty seatsN
IN Io 1al
of the biggest crowds of the trial had
iammed the court room. The throng lis
tened breathlessly to his every word The
governor is trained public speaker. and
he used his voice to splendid effect, IL
lustrating his words with gestures. After
he had told his story to the court Judge
Hart listened to arguments and directed
that the governor could not repeat the
conversation at the conference he attend
ed but might say what the result was,
and describe the coonel's manner and
demeanor
The state, to the surprise of all, de-
clined to cross-examine, but reserved the
right to recall the governor later for a
grling. This decision fonowed a long
conference of the states attorneys and
none of them would explain It. Imme-
diately after the governor was excused
Judge Hart adjourned court until Mon
day at 9 a. m.
Counsel Is Anxious.
IT was with considerable expectancy and
anxiety that counsel took their places
on opposite sides of the court room to-
day The state is making its last fight
to get to the jury that Senator Carmacx
AZ
the idea and only armed himself to
satisfy or humor his alarmed friends. If
the court sustains the state and permits
the testimony to go in 1t will lengthen
the trial OF the cause for at least a week
and the prosecution has a score of wit
nesses on this line alone.
IT, however as he has ruled once and
as he has lntimated he will rule again,
Judge Hart excludes the testimony. the
defense will have great advantage.
The smallest crowd of the trial awaited
the opening of the court room doors to-
day This is due to the fact that it was
generally conceded that there would bs
only short session and that most OF It
would be devoted to argument.
Thompson Is Recalled.
Attorney General Garner opened the
days proceedings by asking that further
recross- examination of Leigh Thompson
on the subject in dispute be postponed un-
til later. I'VE have some authorities to
cite and will prepare brief. We will
furnish the defense a copy. In the mean
time we will ask Mr.. Thompson a few
questions not connected with his visit
to Senator Carmack. ask that the jury
be brought in"
Mr.. Thompson. when you reached Sem
ator Carmacks body did you see hat?'
mot until after we put the body In
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