The Birmingham age-herald., 1909-02-17
DRAMATIC SCENES IN
 COURT WHEN COOPER
 TRIAL REALLY OPENS
CCoNTINuED FROM PAGE 11

(CONTINUED FROM PAGE I) 
 | Mrs. Beverly Wilson of Mobile; Robii | Cooper stepped in just ahead of his sister | Mrs. Lueius Burch, her hand resting or his arm. The affection displayed by thi. slender girl for her brother has beer one of the affecting incidents of the trial With Sharp were his wife and her sis ter Colonel Cooper's sister-in-law, his niece and number of other relatives sal just behind the prisoners and their coun- sel. There was some delay while the court permitted a photographer to make a hashlight of the scene. Just before the attorney general arose to begin his statement there came stir from the dooi behind the bar. The crowd was pushed aside and slender figure in sable robes leaning on the arms of women friends was assisted into the room. She was scarcely able to walk and finally with g moan sank into chair behind the attor- neys for the state. It was Mrs. Carmack, widow of the slain senator.
 Directly across the room, scarcely 20 feet away. sat the men who are charged with slaying her husband. The three defend ants sat unmotional and cool. Not so with their relatives. Mrs. Wilson's eyes filled up and Mrs. Bureh's hand closed convuI- sively over the arm Of her favorite brother With an effort the young women recovered their self-control and looked away from the widow Meanwhile Mrs. CarmaclS's friends were applying smell ng salts and flaming her She seemed faint. but grew stronger and reaching over, put her arm around her son. boy of about 10 years. She did not however. raise her veil.
 The Indictment Read
 Fha ment. As he reached the words Did wil- fully. maliciously and with malice afore- thought slay and murder the body of E. W. Carmack.s the widow again col- lapsed. and for long time lay with her head upon the shoulder of her sister. Again the eyes of the two daughters of Colonel Cooper filled with tears, their lips trembled and the sympathy which goes rom stricken woman to another was con- veyed in the looks of pity that went across the room.
 The state called its witnesses and swore them. The defense waived this with a statement that at the proper time their witnesses would be called and sworn.
 Call the first witness. said the court. Then to the surprise Of everyone At torhey' General MeCarn said. Call Mrs. Carmack.
 Mrs. Carmack on the Stand.
 The widow was half carried to the stand by Frank Lander, editor of the Tennes- sean and holding to her sons hand Lan- der stood beside her on the stand his arm around her. She told her name and her husbands occupation in a trembling voice.
 When did you last see your husband alive?"
 @oh, God she sobbed. .on Sunday, the day before he was killed"
 For several moments she was unable to speak. her agitation was so great.
 When did you hear from him last?"
 By telephone on Monday a little while before he was killed"
 What was that conversaton2t
 The defense objected and it was sus- tained
 As the lawyers argued. Mrs Carmaek drew her son close to her and rested her head on his shoulder. The boy a manly little chap. patted his mothers tear stained cheeks and whispered words of encouragement to her. The defense de- clined to cross-examine Mrs Carmack and she was led back to her seat As the boy accompanied her he turned his glance full upon the defendants with a glare of concentrated hatred that it is hard to realize could be expressed by one so young.
 E. B. Craig Called.
 The state next called E. B. Craig, for mer state treasurer, who testified to his close relations with Senator Carmack He said he spent all day Saturday, No vembere7, and Sunday, November 8, the day before the murder, with Carmack He saw Colonel Cooper the evening of November at the Tulane, by appoint ment. After dismissing the personal mat ter which led me to Colonel Cooper, the latter began to discuss the editorials in the Tennessean. l soon learned that Col onel Cooper was greatly agitated and very angry. He said: I am an old man, private citizen. and it makes little diff ference whether l go or not, but if my name again appears in the Tennessean, either l or Senator Carmack must die
 Colonel Coopers manner was violent and he denounced Carmack viciously as an ingrate. His manner so alarmed me that 1 tried to sooth him and offered to see if l could do anything to relieve the situation. He asked me what l could do. 1 told him 1 would confer with Sen ator Carmack."
 What was said about note?'
 He said he had written Carmack a note that could not be misunderstood"
 The court refused to let the witness say what impression was made upon him as to Carmacks danger.
 What made you go to see Carmack agaln?"
 Because I feared for him. I went to see him and found him in his office, writ ing
 Did you communicate to Carmack the threats of Colonel Cooper?'
 Ruling of Court.
 The defense objected and the court ruled that the witness could tell only what he reported back to Colonel Coop CT after his conference with the de- ceased.
 T told Carmack what Cooper had said. I then returned to see Colonel Cooper and told him of my errand said, 'Colonel,' can accomplish noth- ing"
 What reply did the defendant make?"
 Then, by God, this note goes" The note referred to was the one written by Colonel Cooper to Senator Carmack, threatening the latter with ! death if the editor referred to him again. It was sent after Craig had reported his failure as a peacemak CT The witness said he again returned to Senator Carmack and reported what Colonel Cooper said. He then left the city and did not see Carmack alive again.
 The witness, over protests of defense