The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-03-10
THE COOPER TRIAL.
THE STATE IMPEACHES WIT
NESS FOR DEFENSE.
Warrant Issued for S. j. Binning-
One OF Defense's Star Witnesses,
Contradicted by Expert, Charged
With Perjury.

Nashville, Tenn, Mar. 5.-This was
the States day in the trial of Col. d.
&. Cooper, Robin Cooper and John ID.
Sharp for the murder Of former Sen
| ator E. W. Carmack. Not only did
it tear to pieces what was left of the
testimony of S. j. Binning, the de-
lenses mysterious red bearded man,
who claimed to have seen the shoot
ing. but it challenged the right of the
Coopers to be on Seventh avenue at
all the day following. 1t did all this
by impeaching the testimony of the
governor and others who claimed the
Coopers were invited to the mansion
and that while on their way they met
Carmack and the shooting followed.
The bomabrdment Of the case of
the defense began early today when
two witnesses swore that Binning the
night Of the tragedy said to them: 'If
had been five or ten minutes earlier
would have seen the killing"
III tiS udy Tic Oldte lUtTO-
duced witnesses attacking the reasons
| the defense gave for being on the
| street which Senator Carmack must
traverse to get to his apartments.
Adjt. Gen. Brown, Judge Bradford,
Col. Cooper and Robin Cooper had
testified that after Col Cooper left
Bradfords office just before the
shooting, Gen. Brown recalled him TO
talk to the governor over the tele-
phone and that it was in reply to
the governors call that the men were
upon Seventh street, on which the
mansion is located, when they met
Carmack.
| Two witnesses swore that after Col.
Cooper left Bradford's office he neith-
er returned voluntarily nor was re-
called to the telephone by any one.
And one, Miss Daisy Lee, declared
that instead of the governor calling
the colonel the colonel at Judge
Bradford's suggestion, called up the
governor at the capitol. The latter
testimony, however was not permit
ted to reach the jury.
In rebuttal, too, the State attacked
Judge Bradford. Miss Lee swore that
he told her he could have shot Car
mack himself with as little remorse
as he would have shot a rattlesnake.
She also swore that Paul Davis, an
other Of the defense's witnesses, de-
clared to her he would perjure him
self to get on the jury.
When the sun had set and the bat
tie was over the State announced that
1t would have but two or three wit
nesses to complete Its case in rebuttal
and that they would be put on tomor-
row.
The defense has not announced it's
purpose yet, but 1t is safe to say that
the arguments will begin next week.
No time limit will be put on either
side. There are score Of lawers in
the case and the speeches doubtless
will last several days.
Soon after court adjourned the
States attorneys went into confer
ence. General McCarn held a war.
rant for the arrest of S. J. Binning on
charge Of perjury. The specific al.
egation is that when he testified that
he saw Carmack twirling the cylind-
er of his revolver he swore lie. The
warrant was served at once.
George Woolen, one of the days
first witnesses, was called by the State
TO testify as to the location of the
two telephone poles at the scene of
the tragedy. The object was to pave
the way for the Introduction of the
photograph taken yesterday by the
State Of the pole still standing, togeth-
er with the dummy pole. Attorney
Garner said:
The defense. your honor, has tried
to prove that Senator Carmack was
south of the poles and fired between
them. We want to rebut this testi-
mony by proving that he could not
have done so.'
Judge Hart would not admit Wool
ems testimony unless the record shall
show in detail that the position of the
poles has not been proved. The at
torneys were told to examine the rec
ord at their leisure and the calling Of
witnesses proceeded.