The Birmingham age-herald., 1909-03-12
Attorney Has Talked Nine Hours and Will Talk Several
 Hours More
SPEECH IS MASTERPIECE
 AND HAS GREAT EFFECT
The Attack Upon Garner Is So Fiery That the Maury County Attorney Leaves the Courtroom to
 Avoid Possibilities.

Nashville March 1.-The fourth day of the arguments in the Cooper-S Sharp trial for the murder of former United States Senator E. w. Carmack closed tonight with General Washington of the defense in the middle of his argument and two more attorneys to follow him. At this rate 1t is doubtful if the case will go to the jury before Saturday. General Wash ington finished his ninth hour of argument when court adjourned at D. m, and hs announced that he would conclude some time tomorrow" He will be followed by Judge Anderson who Is expected to make the main argument for the defense. Then Attorney General McCarn will close for the state. Judge Anderson says he will require about six or eight hours for his speech, while Mccarn declares that four hours will do him.
 Judge Hart today again requested the attorneys to submit instructions for the charge and complained that they were slow about complying.
 General Washingtons argument today was brilliant in word painting, metaphors. appeal and invictive. He made savage at Jacks upon the states counsel and singled out Attorney General J. P. Garner as his special victim. Garner is reputed to have nearly as fiery temper as has Washington, so counsel for the state in sisted upon Gamers withdrawal from the room during Washington's speech.
 The speaker laid special srress upon the social standing and breeding of the defendants and declared that men of such families killed only in defense of life and honor. His speech was a masterpiece of oratory and had noticeable effect on the jury.
 Attendance Decreases.
 The attendance today at the trial showed decrease at the opening hour and when General Washington resumed his argument for the defense there were many vacant sats. These filled up, how ever, the day advanced. but there was not nearly the demand for admission that made yesterday the red letter day
 Mrs. Lucius Burch, Robin Coopers sister, who collapsed yesterday was In court this morning. pale and wan, but bravely attempting to cheer and encour- age her brother Mrs. Carmack did not
 
 i'll to leave her room.
 When court adjourned yesterday aft ernoon," said General Washington we had reached the point when Carmack had become an editor. The position of edi- tor is an important one and 1t rises with the ability and importance of the man. If he becomes incompetent the people content themselves with reading the news and advertisements and care noth- ing for the editorials. But when man of national reputation emblazons his name at the head of the paper then the people do read and believe
 '"rhe campaign came on. Colonel Cooper was not a candidate for any office. Gov ernor Patterson was"
 Editorial Taken Up.
 General Washington then came to the editorial of October 2l. He sravely ad- mitted that Carmack had a right to write an editorial about public men. But when he stepped over the boundaries and began an attack upon a private citizen. then he exceeded his rights. Now the state would have you believe that these editorials were harmless Oh, yes. it is all right to put John Smith or Bill Jones or Sam Browns name into a paper on the same page with the name of horse thief or a convict, and it's all right. But when they put your name in that posi- tion. why it does make difference and if you have any red blood in your veins you are going to resent it. It makes all the difference in the world whose OK is goredn
 Working himself up into frenzy of oratory, Washington devoted nearly an hour to a wild denunciation of the Carmack editorial of October 21. This editorial calls attention to a statement in the American from Ripley. which said Patterson men were advocating trading Bryan for Patterson votes. Then the editorial called "the attention of the Hon. Ban Murray the Hon. Dune Cooper. the Hon. Max Hartman and the Hon. sol Cohen to this re- port.
 Grave Affront.
 General Washington vigorously ex- plained that two of the honorables named were disreputables and that when Carmack associated Colonel Cooper's name with theirs he commits ted the gravest offense a man could commit and afrronted and insulted Colonel Cooper beyond endurance.
 But the state says no editorial ever written justifies killing man. We agree that this is true. But we are only trying to show how they aroused Colonel Cooper's anger and to ex- plain his mental condition when the meeting occurred.
 We contend, gentlemen, that Col onel Cooper had as much right on Seventh avenue that day as Carmack had. He had as much right to turn