The Birmingham age-herald., 1909-03-14

] ters. Now if Cooper associated in poll
 tics with dvekeepers and gamblers he
 had no right to resent the coupling of
 his name with theirs"
 ! Attack on American.
 i General McCarn then got after the ] American, the Cooper organ, as he said.
 There are some newspapers that are rather sensitive. There is one so-called l high-eass journal here which daily
 writes editorials tearing to pieces men who go upon the stand and tell the l truth. Young women are not secure from l these attacks neither are mere children. l That Is all right, but you mustn't crit l icise Col. Dune Cooper He's a spark i from the expiring embers of the old l we please, but no one must attack Dune l Cooper Now, isn't that nice theory l for a high-class newspapers?
 Next we find the editorial of October l 23, which attacks the machine and it does
 not mention Colonel Cooper's name. But ] he got mad. Why? Because his name 1 wasn't mentioned? Why, he reminds me l of the fellow who went to sleep and l some friends smeared some limburger
 cheese on his mustache. He woke up
 and went out to get some fresh air But 1 everywhere he went there was the same l smell So he came back to the saloon l and said: Ain't 1t rotten?' Whats rot
 ten?' asked the bartender. Why the 1 whole world; can't you smell it? That
 is what Col Duncan Cooper thought. 1 Every man he has introduced here either never read the editorial or did not con- slider it offensive, yet he smells it. Reconciliation of Leaders.
 'Then comes the editorial of November
 8, Across the Muddy Chasm. the reoon- I ciliation of Cox and Patterson. Gentle
 men, at the instant Carmack was falling l dead, at the very second the smoking pis- I tol of the assassin was being put into 1 his pocket, Governor Cox and Governor 1 Patterson were in an intimate conference l not 800 feet away. And this fact shows
 that the editorial was true and that Coop l CT knew it was so. Yet after admitting | that the reconciliation was a laudable work he wants to kill man for giving l him credit for bringing 1t about.
 | We have heard a good deal of talk 1 about the failure to send the note. Now, don't know how it seems to you, but
 when man says if you do "a certain 1 thing one of you must die, and you do 1t, 1 you do not need to wait for a note, do l you?
 1 Well, Carmack uses Colonel Coopers I name again, 12 hours after he gets I Cooper's message that if he does use I 1t again, one of them must die He l had right to use that name. The law says he may. He used it in humorous l way and there was not a man in David I son county who read it who did not
 enjoy it. If he had charged him with | different.
 Knew Cooper's Record.
 There had been a contention that | CarmaclS defamed Cooper Why, gen l tlemen, Carmack knew that Cooper de 1 faulted and emb ezzled as master in I chancery years before. If he had 1 wanted to defame Cooper, why could he 1 not have printed these facts? No, gen 1 tlemen, there is no defamation of Coop I CT in anything Carmack ever wrote We come to November g. what an i eventful day that was. Do you remem- i Der the wall of this poor widow when
 I asked her when she had last heard | from her husband? Do you remember 1 that scream and that pitiful Oh, my | God my God as that awful day was recalled to her?
 "The defense asks you to turn these defendants loose in the name of justice l And they say If you do not that your children will be ashamed of you. Listen l gentlemen, if you do turn them loose how will you explain to your daugh- ters, how you turned a man loose who | sent word to another man that if he 1 blQ a SCI tdlii tHiuS ilc WOulu hlll ul1
 and who did kill him. Can you ex- l plain it? These lawyers seem worried because l we failed to put Mrs. Burch on the l stand. Now why should we? We proved l what we wanted by Mrs. Burch s maid l And do you think that anyone with the l beautiful, truthful, devoted features oi 1 Mrs Burch, would enjoy going on the I stand and contradicting her father 1 You know she would not But ] | promise you that if she had gone on l would never have questioned her
 I would never have referred to hel I story as a cock and bull story And 1 if anyone of my assistant counsel had l dared to do so, I would have thrown him out of the court room. Yet my | distinguish ed friend Washington ask eo -Irs Eastman if she shot anyone that l day. And he prates of southern chiv- 1 airy"
 Noon Adjournment.
 General McCarn asked an adjourn ment at 11;30 a. m. and after the jury {, retired Judge Hart said
 All the mothers in the court may gc
 home now and attend to their children
 but be sure to be back here by l | o'clock"
 General McCarn again paid his re- spects to General Washington whom he
 termed a peacock noisy and proud
 There are two Duncan B. Coopers,
 he said, "one described by counsel is I an old man. worn and tortured by l editorial attacks, who is pleading witf 1 Carmack to let him alone. The other
 the real Colonel Cooper according tc
 the evidence, growing angry over two
 or three testing editorials and sends a 1 cold -blooded threat, If my name >ap- l pears again one of us must die.' Coun- 1 sel has described how crippled the old | colonel was and how he couldn't shoot 1 But the colonel did not say he couldn't | shoot. He didn't tell Robin he couldn', l shoot. He pulled a gun and said, I | have this to defend me-. As a matter
 of fact, gentlemen, he could shoot l Look here is a pistol. turn my two fingers under as his were, and see how easily and rapidly I can shoot with the thumb and first and second fingers | never tried this before, but was will. ing to run the chance of failure, be- 1 cause I know that if Colonel Cooper
 borrowed gun hea could use it."
 Defense of Miss Lee.
 General McCarn launched into al