New-York tribune., 1909-02-26
GOVERNOR TO TESTIFY
IN C4RMACK CASE TO-DAY.
Colonel Cooper Restless but I'm
shaken Under Ordeal.

=. Cooper given over 10 ms WV
tonight by the state. Tomorrow the case 90 -
the Corners and John D. Sharp for the siaFlhs "a
ex-senator B. ". Carmack Will be resuiieN -,
the aged defendant etill on the stand ms e1 0
have decided upon redirect eNaIiiIS 49,, -a-
ing to be brief. Immediately atter Oo'ohei -,
is dismissed tomorrow Governor Patterson anu ~
adtutant general Colonel Tulley Brown WIZ pe
called to tell what part If any, they plaSeu IA ~
tragedy. - -. ao Of
colonel Brown was in James Bradford's once al
the conference which began at p. m. on the ua'
of the tragedy and closed only twenty iniiiu' ' go
fore the killing. Just as the conference cio =.
ernor Patterson telephoned Tor Coiohei oo'p - .he
is the defence's theory that while goins " INC
Governors mansion the Coopers met senator Nat
mack and that the killing resulted, =,
rba cross-examination of Colonel cooper ls
easily the striking feature OF the 'ia. oT
far The colonel is sixty-five years oio' ou'
preserved He has the reputation OF being hish
spirited and easily moved to anger II was eoiilIo"
rlmor that he took the stand against tie A"'
of his counsel. Nevertheless, all efforts OF 'he
10 confuse the witness the subject matter Oh iiS
direct examination failed. He stuck to his Story
never fatering, never hesitatinS
Toward the close Of the ordeal this afternoon
Colonel Cooper began to show signs OF distress,
Before time for the luncheon adjournment he ASKED
the court to take recess until p m llat ne
might rest and recover his strength. Willis ite
anpeared fresh and restored when he ssalh t"oA
the stand in the afternoon. he soon began 10
weaken physically. He gave frequent displays o1
femper disl regarded the orders of his own couhseL
his voice became sharp and his manner pe'uSN'
The states attorneys, to add TO his annoyance
Jumped from point of his narrative 10 ano'ie''
asked disconnected and involved questions out al
4 n IN gave up the task and left the witness per-
spring flushed and angered, but seif-sads1ed-
NOT RESPONSIBLE FOR STATEMENT.
Determined attempts were made by states coun-
sci to show on Colonel Coopers testimony that
statement issued after the shooting and purportlng
10 give all the facts leading up TO the Staying was
nrepared by outsiders without assistance from
Colonel Cooper himself. and that therefore, THIS
was evidence OF conspiracy.
Colonel Cooper he made or dictated no state
ment for publication The states contention on this
was that If Colonel Cooper did not give that night
all the details leading up to the tragedy then the
men who prepared the statement had knowledge
of the details because they were in conspraey
The evidence did support this contention in any
marked degree.
Captain Fitzhugh led the witness through ed-
toriaI after editorial appearing in Carmacks paper,
asking each time If the witnesses name was mem
toned in it. and each time Colonel Cooper answered
in the negative but said his implied
Colonel Cooper denied that he had brought Cox
and Governor Patterson together. but said he
would have been willing to have done so. He
would not consider it a disgrace TO have done So
hut resented it because IT untrue
The state continued 10 the political fight
which Cooper charged with settling Invart-
ably the testimony was ruled out, but invariably
the attorneys returned TO the attack
You had better get OF politics and get TO the
facts said the Court.
In the course of his cross examination the Wit
ness explained that he frequently made OF the
word hell adding:
It's favortte word OF mine and I II when
I want to"
As soon as court opened Judge Hart announced
that he would exclude The Lancet editorial, Of
fered by the state, prove that The Lancet, in
which Colonel Cooper interested. printed the
origina! charges against Governor Cox, which,
when repeated by Carmack in The Tennesseean''
caused Colonel Cooper 70 say that either he or
Carmack must die.
In answer the charge OF Captain Fitzhugh
point in mis- crossexamination that he had told
the proprietor of the Maxwell House that unless
certain picture removed the Democratic com
Inittee would change its headquarters. Colonel
Cooper said:
OBJECTED TO TAFT PICTURE
After a request from the manager OF the Max
well. I him. The pictures of the Demo
cratic candidates put up. There was
also OF Judge Taft. l demanded that either
Tafts pictures be removed or the picture Of the
Republican candidate for Governor be displaced, 10
show that the Democratic committee was not re-
sponsble for the Taft picture. for at that time
Carrnack charging that We were trading
Bryan for Patterson
I cannot the competency Of these questions
or facts" said Judge Hart You should stick 10
the case gentlemen, will be here forever"
Late in the afternoon the state took up the colo
nel's story at time ne left his home the morn
ing of the tragedy and questioned him searchingIy
as to every move he made upon that day. The
witness denied ever calling Carmack the vile
Miss Lee swoTe she heard Colonel Cooper apply to
the editor Fitzhugh's questions came faster and
were pitched in a higher key The witness, cool at
first became more excited. and several times his
voice broke as he angrily denied the charges made
by earlier witnesses for the state. He mopped his
forehead with his handkerchief and tugged at his
sparse gray mustache, moving restlessly IN his
chair The witness finally asked If he gambled.
Very often Mr.. Fitzhugh. just you do"
| Naughter.)
And for large sums?'
well that depends upon what one by
large sums I have lost more than I won"
THAT is one of your business methods?'
1T IS the lack of business sense, think"
The state next reverted to the of the kill
ing.
TEsTIFIEs AS TO KILLING.
You say Senator Carmack did not stop to talk
to Mrs. Eastman?
NO sir He merely tipped his hat and started
to pass on: he had stopped
He used his right hand 10 raise his hat?'
Il assume So I do not recall whether he did
! not
when you spoke he reached for his revolver1"
He did He reached into his Overcoat pocket"
Then what?''
He pulled it out with his right hand and put his
hind Mrs. Eastman.
And aimed at you?"
We'll in my direction, but the Eastmans were
between US. Then he moved over TO the posts"
Did you tell him 10 get from behind the
woman
NO. sir 1 said: It's damned covardIy 10 get
behind woman with revolver in your hand
What prevented his firing any timer"
God knows-I don't There was nothing to nre-
vent from firing, too, had had my gun cut.
He was getting behind the posts, and I didn't
! realize that they were breastworks."
What next?"