The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-02-27
Senator Carnack's Revolver Is
Identified By the Man
Who Loaned It
PROSECUTION GETS HARD
BLOW ON JUDGES RULING
w. o. vertrees Testfies as to Car.
rnack's Mood When He Borrowed
Gun, But Judge Hart Rules
Against This.

Nashville, February 26.-The ninth day
of actual testimony in the Cooper-Sharp
trial for the Staying of former United
States Senator E. w. Carmack was
marked by lengthy and bitter argument
by opposing counsel and closed with a
decided advantage for the defense. At
the same time, an interesting law point,
one lawyer says which was never before
raised in Tennessee, was taken under
advisement by Judge Hart
The defense early in its case-in-chief
offered proof that Colonel Cooper was
told by Edward Craig. whom the colonel
had sent to see Senator Carmack that
Carmaek was in an ugly humor." The
defense's case was based upon this one
expression, for Colonel Cooper and Robin
both testified that they armed themselves
because they were led to believe from
this remark that Senator Carmack might
assault the elder Cooper
Now along comes the state and offers
to prove by two of the defense's own
witnesses. Major vertrees and Assistant
State Insurance Commissioner T. Leigh
Thompson. that Senator Carmack was not
only not in an ugly humor, but laughed
at the idea of trouble and said he sim
ply wanted to arm himself to relieve
the anxiety of his friends.
Defense Fights Testimony.
The defense fought the admission of
this testimony with more vim and BIT
terness than has characterized any ar
gument since the trial began. Learned
| be excluded First that the state could
| cross-examine only such matter as had
been gone over in direct examination.
The court promptly rejected this theory.
Next. the defense argued that unless all
the conversation of witnesses with Car
mack well as their observation of his
manner and appearance had been COM
municated to the defendants the test-
mony was inadmissible. They held IL
these conversations and observations had
been SO communicated they would throw
some light upon the mental condition of
the defendant. If they were not COM
municated they would show only Sena-
tor Carmack's mental condition and as
the senator was dead his mental condi-
ton would throw no light upon this sub
ject
In the question of Major vertrees' tes-
tmony, Judge Hart excluded the jury and
permitted the state to examine the major
for the courts benefit He admitted all
that the state said he would. that Car
mack laughed at the idea of trouble.
said he had done nothing to provoke II,
and that he wanted a revolver simply
to satisfy his friends. The counsel on
both sides argued and the court held
with the defense
Later in the day, when the T. Leigh
Thompson was on the stand almost the
same question arose and the argument
began anew. Judge Hart said he would
render his decision tomorrow, but inti-
mated that unless the state had discov-
cred some new authorities to support its
contention he would rule out the testi-
mony.
Judge Uses Revolver.
1t was during this last argument that
one of the most amusing Incidents of the
trial occurred. Judge Hart was listessly
and with a bored air toying with the re-
volver said to have been taken from
Colonel Cooper the night of the killing.
All at once General Garner and General
washington began to indulge in person
aifties. The court sat up quickly and
thinking he held the judicial gavel In
his hand proceeded to pound the table
vigorously with the butt of the weapon
Everybody Uttered. the court dropped
the revolver and remarked Now pro-
ceed with the law suit"
The revolvers IN the case played a
prominent part today and the testimony
was much to the advantage OF the de-
tense. The state has been working on
the theory implied if not charged that
the gun with the two empty chambers
said to be found near Mr.. Carmacks
body was in reality Colonel Coopers,
and that the revolver introduced as Col
onel Coopers. which had not been dis
charged, was the one the dead senator
carried. Major vertrees, however. look
ing at the revolver. Identified the one
found near Carmack's body with the two
discharged shells the one he had loaned
the senator. Next Commissioner Tom
Hutchinson identified the revolver which
had not been fired as the one he loaned
Colonel Cooper
Securing Evidence.
Counsel on both sides in the trial spent
busy evening last night. The startling
attack of the state upon the integrity of
Colonel Cooper as clerk and master in
chancery and an associate of de-
faulting state treasurer, took the defense
by surprise for moment. But the spe-
cial agents were at work and last
night several men from various points
In the state arrived-men who are pre-
sumed to be able to throw some light
upon the charges. Until far into the
night these men were in conference with
the attorneys for the defendants.
Nor were the states attorneys less oc-
cupied. The decision of the defense 20
put Governor Patterson and Adjt. Gen.
Tully Brown upon the stand was reached
late yesterday afternoon The states
counsel heard It almost Immediately and
at once began a consultation over this
new feature of the case. The steno-
graphic report of the entire testimony
was gone over, and every reference to
Governor Patterson and General Brown