The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-12
JUSTIFIES KILLING CAEMACK
Gen. Meeks Extends UnWritten Law
to Editors Who Attack Private
or Public Men.


cover editors who attack private or
public men by Gen. Meeks, of coun-
sci for defence, in the Cooper-Sharp
trial for the murder of United States
Senator E. W. Carmack. The sensa-
tion was sprung during Gen. Meeks S
speech to the jury. Previously he
had expressly disclaimed the belief
that any editorial attack justified
killing the writer. But when warmed
Iup to his subject, with a burst Of elo-
quence, he said.
"You talk Of the liberty Of the
press. Why, gentlemen, no man lives
who believes more firmly in the lber-
ty Of the press than do. But when
a man in an editorial position turns
the liberty Of the press into license,
and undertakes to defame and deflle
you and your family, what are you
going to do? The prosecution Will tell
you you have your recourse IN the
courts. Yes, and you get a judgment
for $4,000 against man not worth
the price Of a plug Of tobacco. Is
that satisfaction?
"Oh, gentlemen, I tell you that the
streets of this, our city, have run red
before with the blood Of men who I'M
properly used other mems names IN
public prints
Gen. Meeks devoted five hours to
the speech. He painted the defend
ants as the finest types of Southern
aristocracy and breeding, declared no
crime had been committed when Sena-
tor .Carmack was shot TO death, and
closed with a dramatic appeal to the
Jury to "turn loose this gallant old
soldier" Col. Cooper.
So great was. the throng which
tried to crowd into the court room
this morning that the architect OF the
building appealed to the judge and
declared that there was danger OF a
serious accident. Judge Hart hur-
riedly sent deputies into the eorrl-
dors and soon cleared them entirely.
Col. Cooper shamefully Treated.
Gen. Meeks began by saying that
Col. Cooper was shamefully treated
by Capt. Fitzhugh yesterday. "He &C.
cused him." said Meeks, "of not pay
ling his debts. They tried to make
you believe that he enbezzled funds
as clerk and master of ehaneery.
What has that to do with the killing
of Carmack?"
"The State has charged" said
Gen. Meeks, "that the defendants
knew the route that Senator Carmack
daily followed, and the time he lett
for his apartments. Now, how could
the defendants know this time or
route? Senator Carmack's own STEM
ographer said she did not know where
Senator Carmack ived.'
As to the Carmack editorials Gen.
Meeks said:
"When a man sits as Carmack did
behind the editorial counter Of a pa
per and writes, day after day, editor
ials that attack and assault a man
who is not himself in an editorial
position, he becomes insulting, and
there is no greater INSULT possible.
The attorney next went into the Ill
cident of the pistol seabbard found in
Senator Carmack's overcoat pocket
and denounced the States attorneys
for iIlsinuating that the counsel oI the
defense "planted'' the scabbard
there. He said the State knew that
Major Vertrees loaned Senator Car
mack the revolver with the scabbard
on it.
Encounter Was Accidental.
"We have proven,'' he went on,
"that the meeting of the parties was
purely and undoubtedly an accidental
encounter. We hold that the guilt
or innocence Of these defendants
must rest upon the state of mind
they were in at the time the meeting
took place."
Counsel described the note which
Cooper indited to Carmack, but did
not send, and said:
"That note was to. be the declar-
ton of war, and until that note was
sent by Cooper and received by Car
mack, Cooper understood, and Car
mack understood, that there was to
be no trouble, and that note was never
sent.''
"You are not trying common
thieves Or anurderers now, gentlemen
You are trying men who come from
as fine stock as ever human flesh