Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-27
PATTERSON ON STAND
Governor Tells of Efforts to
Pacify Col. Cooper.
ADVISED AGAINST LETTER
Urged Friend Not to Provoke Per-
sonal Encounter With Carmack.
FOUND HIM WRITING IN HOTEL
Sent for Son and Son-in-Law, Who
Joined in Discussion Against
Violent Epistle.

NASHVILLE, Tenn, February 81
Gov. Patterson was on the stand today
in the CooperSharp murder trial.
With the jury, most OF the time. ex-
cluded from the room. he attested TO his
efforts to keep Col. Cooper from provok-
ing a personal encounter with Senator
Carmack. Of his advice to Col. Cooper not
to write the angry letter calculated to
cause trouble. and of his seeking out
Cooper and again sending for him. with
the object to pacify him and to prevent
a clash between the men.
It was with considerable expectancy
and anxiety that counsel took their places
in the courtroom today. The state was
making it's last fight to get to the jury
the fact that, preceding the shooting Son.
ator Carmack did not anticipate trouble.
laughed at the idea and only armed him.
self to satisfy or humor his alarmed
friends.
If the court permits this testimony to
go in 1t will lengthen the trial by at least
week. The prosecution has a score of
witnesses this line alone. If, how
ever. as he has previously ruled. Judge
Hart excludes the testimony the defense
will have a great advantage
ne SMALLEST GTOW0 Oh the lIidl W dS
present today. The session. 1t was ex-
pected would be short and devoted to
arguments.
Green Hat Not Carmack's.
Attorney Genefal Garner opened the
days Proceedings by asking that the
further cross-examination of T. Leigh
Thompson, on the subject in dispute.
be postponed until later.
I'VE will ask Mr. Thompson a few
questions not connected with his visit to
Senator Carmack.
Il ask that the jury be brought in
Mr. Thompson. when you reached
Senator Carmack's body. did you see
hato"
Not until after we put the body In
the dead wagon. when some one handed
me a green hat and said 1t was his
WAS 1t Carmack's hat?"
IT never saw him wear a green shat.
The hat he wore a few hours before was
different-a brown derby.
The state then took the plat of the scene
Of the murder and had the witness point
out which side he traversed on his walk.
"It was a smoky afternoon?
"It was a most unusually smoky day.
Forest fires had been raging. 1t was
cloudy. AS there was no wind. pail
of smoke hung over the city,.
when you got near to the group did
you find any of your friends?'
Il did"
But you could not recognize them
from the corner of Union street and
7th avenue?
would it be possible for any one to
recognize, from the corner a man stand
ing near the scene of the killing?"
Il do not think So
The aim of the state was to show that
it was impossible for the Coopers to rec
ogniZe Senator Carmack nearly a block
away, or for John Sharp to see the
tragedy in every detail from the corner.
as he swore he did.
Roscoe Mathews. tailor. next told Of
meeting John y. Sharp in the Arcade
the afternoon of the tragedy, of stopping
him and soliciting an order for suit Of
clothes. This corroborates Sharps testi-
mony to the same effect.
Doctor Found Carmack Dead.
DR.. Richard Dake. whose office was
across the street from the killing, next
told how he heard the shots and ran to
the window.
Il made hasty examination Of Car
macn body, and found he was dead.
Then 1 waited for policeman"
How was he lying?"
Head to the north. partly on his right
side. right hand extended, left leg slight
ly fexed.
did you see a pool of blood and bull
let in it?"
.'I did. Near the dead mans mouth"
Anything in the left hand?''
"A cigar AS l stood by him the fin
gers relaxed and the cigar slipped to the
pavement
Did you see a revolver"
Near the senator's right hand"
Did you disturb the body in your
mo. sir As soon as touched the body
knew he was dead. I may have moved
it slightly
II Did d you :, see Mrs. Eastman
"Was she hysterical?"
II think she was highly excited
The state objected unless DR.. Dake
was an expert on Mysteries. The doctor
smilingly said he was not specialist on
Mysteries.
Robert B. Dillyard. a lumber man from
Lebanon. Tenn. who was in Nashville
the day of the killing, was next called.
He said he was near 7th avenue and
Church street when he heard the shots.
Describe the shooting"
First came two shots, then three shots
much quicker. The two first shots were
much louder than the last three"
On croSS-examination by Attorney Cen
era McCarn the witness said he walked
on after hearing the shots and did not
learn for some time that Senator Carmack
learn for sometime that Senator Carmack
was dark, tht he looked up 7th avenue
and saw nothing. and that his failure TO
see might have been due to the cloudy,
murky atmosphere.
billiard was sure the shots were from
different revolvers.
Prof W. c. kilvington. superintendent
of the State Industrial School testified
that he was in DIR. Forts infirmary, near
the shooting, and heard the shots.
There were first two shots. loud but
muffled. Then came three shots. more
metallic, but not SO loud.
"Cross-examine.
Attorney General Garner cross-eN-
amined briefly as to the time between the
first two shots and the others
Governor Is Called.
'Will you indulge us a moment?' said
Judge Anderson.
The court assented. After few mo-
ments' delay the counsel returned and
Judge Anderson said:
call Gov. Patterson, Mr.. Sheriff"
murmur ran over the ROOM quickly