The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09
ARRA|GNEO BY
CLOSE FRIEND
OF SLAIN MAN
Colonel Cooper, With Eyes
Closed, Listens to Fierce
0enunCiation by Attorney.
VENGEANCE DEMANDED
FOR CARMACK'S MURDER
FIVE HOURS REQUIRED BY CAP
TAIN FITZHUGH FOR OPENING
ARGUMENT IN THE CASE.

Nashville, Tenn, March S.--After
Captain Fitzhugh had completed the
opening argument for the state this
afternoon in the case against Colonel
Duncan B. Cooper, Robin J. Cooper and
John d. Sharp, charged with the MUIR
der of Former United States Senator Z.
w. Carmack, Judge Hart ordered the
jury withdrawn, and said:
Il asked the audiencge to remain I'M
til after the jury was dismissed in or
der that I might do something I never
did before. 1 want to thank you for
the splendid order preserved today. In
spite of the splendid bursts of elo-
quence from the speakers. there has
not been a single demonstration.
Captain Fitzhugh spoke for more
than five hours. He was a close friend
of Senator Carnack, and he is in the
case at the special request of Mrs.
CarmaCk
Not Entitled to Sympathy.
There will be MANY arguments made
TO you" he said, TO touch your hearts.
You VIII be asked to be generous and
sympathetic. They will talk to you of
this boy Why. gentlemen. ne is q
years old, and some of the greatest
achievements of men have been ac-
complished before a man is 80. and they
VIII point to Colonel Cooper as gen.
tleman of the old school. as the last
flower of the old southern chivalry'
DO you believe Il? Was he . gem
tieman when he used that awful Ian
qua &c in the presence of Miss Lee
And when they talk to you of SYM
pathy, Just look over there. You see
in sable garments the widow of E. w
Carmack. You see on her arm the To-
yearvold boy who was the pride of Z.
w. Carmack's life. Did Duncan
Cooper Or Robin think of this widow or
this boy when they shot down the hus-
band or the father?
THE question to be decided is
wlksher the law is to be enforced.
sGf murder is to be committed in the
streets of our cities without fear Of
punishment, can you tell who will be
the next victim? The very liberty of
the press is at stake, the security of
the common people
Carmack His Dearest Friend.
Captain Fitzhugh began the opening
argument to the jury as follows:
II appear before YOU with mingled
feelings of regret and pleasure-Tegret
that 1 should have to aid il the in
axary into the cause of the death of
HS dearest friend
Continuing, he said;
"On the afternoon of Nov there
was enacted upon the streets of this
city a tragedy which robbed d woman
of the tenderest and most devoted hus-
band; a boy of loving father. and the
commonwealth OF Il brilliant statesman,
whose achievements have added luster
and glory to the state. To you has
been charged the duty of fixing the re-
sponsibility.
1T is murder when man takes a
life upon q. sudden impulse. How
much more is it murder when a mans
heart is SO full of malice and revenge
that he spends all day Sunday and
most of Monday devising the ways and
means of taking the life of the man he
hates SO bitterly"
penuneiation of Cooper.
Next Fitzhugh explained how on
Sunday night. Nov. 8. Colonel d. b.
Cooper was at the Tulane hotel to meet
Z. r. Craig, and how Cooper made
threats about Carmac'- to Craig, and
how these threats were transmitted to
ths dead senator. Colonel Cooper met
Craig on personal business but he
pressed the business on the side and
revealed what was in his black heart.
He owed his friend Craig money-he
owed all his friends money-and he
never bothered about money owed.
This did not bother him. But he broke
out and said:
" If my name appears in the Ten
nesseean again Carmack or I must die
This man, who is a self-confessed
lobbyist for a railroad. this man, who
IS charged by reputable men with hav-
ing embezzled money intrusted to his
care: this man, whose name had been
banded about the state: this man.
whose dark and devious ways have
now been uncovered. dared to send TO
al honest and upright journalist the
threat that if his name appeared in the
Tennesseean again one of them must
die.
Continued on Page 10.