Daily press. [volume] (Newport News, Va.) 1896-current, 1909-02-19
NOT THERE BEFORE, SAY OTHERS
Pistol Scabbard in Slain Mans Coat
Not Found Until After Coopers
Attorney oonned Garment-e'n.
baImers Discovered Nothing Of the
Kind Immediately Following Death.
(By Associated PrcSs.)

Absence OF some state witnesses and
a desire on the part of the defense
TO arrange its plan Of procedure
caused an adjournment today until
Saturday in the Cooper Sharpe trial
for the murder Of Former Senator
Edward W. Carmack
The state first announced that II
rested its case in chief.
When the defense asked until Sat
urday to prepare the continuance was
.ranied and Attorney General Nc
earn announced that some witnesses
would be here by that time and that
he would offer their testimony in the
trial.
The state has satisfied Itself with
offering testimony TO prove that car
mack was slain in Nashville by Rob
in j. and Duncan B. Cooper. that
John ID. Sharpe when he heard the
shots knew what they were doing
without looking around. and that pri-
or to the killing several conferences
had been held. This the state con
tends laws the foundation for proof
OF conspiracy.
The state stops here and waits
for the defense to offer its case.
Third OF Witnesses USeo.
Attorney General McCarn has sub
poened sixty-four witnesses and has
used scarcely score.
The others will be held in reserve
for rebuttal.
The defense has not issued sum-
mons, but said its witnesses will De
present without process. BY not is
suing subphoenaes it prevents the
state from knowing its witnesses
names.
The onl, incident OF today's testi-
mony was the states attempt to
prove the implication that the pistol
holster found in the dead senator
overcoat poke. was put there by one
Of the attorneys for the defense when
few weeks ago he went to the
morgue and tried on the Overcoat
Two witnesses testified that it was
not in the pocket when the man was
killed. 1t was found in the pocket
by General Washington. of the coun-
sci for the defense, when he tried
on the overcoat.
scabbard Later Inserted.
The first witness today was Finley
Doris a member of the undertaking
firm which embalmed Senator Car
mack's body.
Durris said he examined the peck
cts Of the clothing at the request
OF the states attorney at the hear
ing for bail.
He was positive that he searched
every pocket and that the scabbard
was not in the overcoat pocket when
the tcdv was brought in. and was
not in it at the time Of the applica-
ton for bail.
Has anyone else examined the
clo,hine?"
Yes sir. General Washington and
Mr.. Mceks. counsel for the defense.
examined it with my consent"
When
Since the application. was made
for hail
Can that holster be crumpled up
and concealed in the hand?'
1T can. readily"
Another EmbaInner Surprised.
II will be recalled that ". G.
Jones. the cmbalmer. was recalled
late yesterday and asked by counsel
for the defense 10 search the dead
mans overcoat and tell what he
found. He produced the small ruiz
her holster 10 his evident astonish'
ment. for he swore il was not in the
pocket the night Of the killing.
General Washington cross examin
cd. The witness said the article was
rubber shield worn on the end
Of a revolver to prevent the barrel
IRON wearing the pocket
General Washington was COINS
more into detail when Judge Ander
son chief counsel for the defense
leaned over and evidently disap
proved. for In the middle OF Ques
ton the witness was excused.
Exsminstson Of Clothing.
william Murphy. bookkeepcr TOT
Doris. told how General Washington
and Neeks. Of counsel for the de
Iepse. examined Carmack's clothins
> few days after TIE application FOL
bond
They came in and examined the
clothing carefully ana General WASH
ine;on nut on the overcoat. He turn
Cd SLOWLY around and put both hand'
into the overcoat pocket. Suddenly
CONTINUED on Seventh PageD