The Birmingham age-herald., 1909-02-26

"Yes, sir"
 Who else told you of the attacks?"
 John Sharp and Governor Patterson and hundreds of others told me-
 Why, there were only 45 debates.'
 Told of the Attacks.
 But l heard from hundreds of people of the attacks. I scarcely ever met d man who attended the debates that did not tell me of the attacks.
 What were the facts of this attack the words?'
 "I don't recall except the one about the angel with the smell of hell on hls wings ,,,.,
 Don't you know he never said hell?'
 Yes"
 You put it in-you use the word hell often?'
 II certainly do. It's a favorite word of mine and 1 use it whenever l want to-"
 Ddn counsel tell you to look this expression up in the stenographer re- port of the debate?"
 ''No sir. l told counsel to nave IL looked up for me"
 Fitzhugh was on his feet. firing ques- tions rapidly and Judge Anderson said;
 "I wish counsel would keep his seat and avoid these exciting demonstrations Let him alone" said Colonel Coop CT. Let him alone. He can't fright en me I can parry his attacks.
 Did you say these attacks happened practically every day|'
 Yes, sir"
 Now, didn't you say they happened every day?'
 T said so practically
 So you are just testifyng practically, are you?"
 Sharp Retort.
 Let it go at that and pass on,' re- torted the witness.
 ''So you're anxious to pass over this feature of your examination, are your
 No, sir l can stand it week if you can."
 The witness was next asked to read the schedule of the joint debate in mid de and eastern Tennessee. which he did.
 What was the first attack?
 "Carmack called me a bolter.'
 Didn't you bolt the ticket and vote for General Russell against Governor Bate for governor?"
 ''I never voted for a republican in my life. I did vote for Russell and against Bate"
 Counsel for defense objected, but Col onel Cooper was excited and half arose from the chair and exclaimed: Let him alone; let me answer. 1 want to answer him.
 Didn't you bolt the regular ticket?'
 No, sir; I did not. There were two 1 regular democratic tickets. What else did you object top
 "The statement that l dominated the governor, man who was bigger man than I am and who was my friend. It was aimed to hurt and slur him.
 Tt was a compliment to you, was it not?"
 NO. sir. it was not; it was meant to slur I was a private citizen and had no mouth-piece no office and no way to protect myself.
 Maxwell House Incident
 You say you are not in politics. Did you tell the proprietor of the Maxwell house that unless a certain picture was removed the democratic committee would change it's headquarters?'
 At the request of the manager of the Maxwell house l went to see him. The pictures of the democratic state candi- dates were put up. Also there was one of Judge Taft. 1 demanded that either Tafts picture be removed or the pie ture of the republican candidate for gov ernor be displayed to show that the dem ocratic committee was not responsible for the Taft picture for at that time Car mack was charging that We were trad ing Bryan for Patterson ''l cannot see the COmpcleucS ol lhosS questions or facts" said Judge Hart. You should stick to the case, gentle men. or we will be here forever" The state next reverted to the News Scinitar editorial in March, 1908, which Colonel Cooper said was the first break between himself and Senator Carmack. He denied that he knew another man had written it. but admitted he heard yesterday that another man claimed to have written the article. Judge Hart Firm.
 Judge Hart ruled that this editorial Cor any reference to iD was incompetent. and refused to hear any argument from the state.
 Did you take exception to any edi- torials of the same nature except those written by Senator Carmack?" "I objected to every mean editorial"
 And there were many of them?''
 ''No sir
 You resented other editorials in other papers but you took no action?' well, I felt the personal poison and resented it mentally" But sent no threatening notes?'
 "I did not send a note in the Carmac ok case for months and months after the stump attacks and editorial attacks had been going on."
 Were you a subscriber to the Tennes- sean?"
 "I was not, thank Cod fervently.
 You bought it to read?" "I did not; read it at the club" 'You objected to the editorial saying the democratic committee was trading Bryan for Patterson?" 'I did.H "Why?" Because it was untrue"
 But it appeared first in the American,