The Montgomery advertiser., 1909-03-14


 and he has been angry since. As far as carrying . gun is concerned. sherin h supposed to carry one. and McCarn is under indictment here now for carrying one"
 General McCarn, i've years ago. was the head of the secret committee Of 100 which closed up dives and gam shut their doors on Sunday. The liquor men secured his indictment for gun .toting then. but the case was never pressed.
 IL was expected that the argument would be concluded by tonfgft but General McCarn declared he was ex- hausted about D. m., and asked an This was. granted by the court. Mo- Carn will continue then and the case should reach the jury by nightfall Mon- day.
 An outburst of applause followed by cheer or two marked sharp ex' change of caustic personalities De tween ,McCarn and General Washing ton of the defense late this afternoon. but the demonstration was quickly suppressed by Judge Hart. who threat ened to clear the court room If IL was repeated.
 When the trial opened today. Judge Hart announced to the attorneys that
  fore Monday afternoon. This delay Is due to the failure of the attorneys on both sides to submit instructions. This means that there will be no verdict | before Monday night or Tuesday. Anderson Resumes Argument. Judge J. M. Anderson resumed his argument with a promise not to weary | the jurors long.
 q won't go back over the argument I made yesterday" he said. but want I to recall to your mind the fact that even as good a man as General Gar ner. hpconsciously I am sure. misquot- l ed the record. recall this merely to show you that 1t is dificult for even the trained mind to repeat &C., | curately or verbatim any exclamation or statement that the human ear | hears.
 T left the Coopers and Carmack at the telephone posts yesterday and we will take up the case right there. The State contends that Colonel Cooper had no right to turn around and go over there to see Senator Carmack and that heu did so with. no peaceful in- tent. have shown you that he had right under the law to go any place. to follow, to seek out Carmack. And his intent was peaceful. for he went with hand extended. But the State says Why didn't you say your mission was peaceful" Because he didn't have to. There is no law to compel you when you approach man on the street to yell out that your mission is a pacific one Unless an overt act is committed. 1t is presumed that everyone's mission is a peaceful one.
 Again comes the States inquiry Then why did Senator Carmack open fire almost instantly after he saw Col rw. AI The State says 1t is because Mrs Burch. the coloners daughter. sent word to her husband that Papa Is armed and threatening to kill Carmack on sight. and that this statement was communicated to Carmack. To begin with Mrs. Burch's deductions, however honestly made. have nothing to do with these defendants. and they are not responsible for them. But even If this message did make Carmack draw and fire you cannot try these defend ants upon what Senator Carmack thought Had he been the slayer. then 1t would be competent. But. as a mat ter of fact the last message Carmack had from Colonel Cooper was to this effect:
 Unless you cease printing my name after I send you a note of, warn ing. one of us must leave town or one of us must die.' Senator Carmack had no right to anticipate any trouble at all until that note had been receiv- ed by him. The note had not, been sent or received, so therefore Senator Carmack had no reason to draw a gun when he saw the Coopers approach ing"
 Judge Anderson then rapidly sketch ed out the main points in the defense, explained that the State wanted some of them wiped out. but declared he wanted them worked out. He claimed that Mrs. Buroh. the colonel's daughter was State witness. her name on the indictment. and that the State should. have used her If she knew anything pertinent about the case.
 And now. gentlemen. I am going to quit. The responsibility which 2, has rested on me is passing to you. You know how handicapped we have been by failure of the State to offer any theory at all. But there is one fact in this case which cannot be contro- .verted. And that is that Senator Car mack drew revolver first and fired first It cannot be disputed that Robin fired only when he had to. You. gen. tlemen, are representatives of the State. You were not forced on either side, for when the -hox was filed there were challenges on both sides.
 s'I feel safe in the result gentlemen, and leave it to you"
 McCarn's Closing Argument.
 Attorney General McCarn began his closing argument at once,-, He said:
 Tt becomes my duty and my pleas ure to stand before you and argue this case. I said this case and I do not mean the case of Robert Love Taylor against E. W. Carmack. I do not mean the case of M. R. Patterson against E. W. Carmack and I do not intend to appeal to prejudice or de- fame the dead as has been done in this case"
 He eulogized the jury for its devotion and attention. and Congratulated 1t upon the nearness of the end of its labors.
 "I have been assailed and denounced, l but. thank Cor. the same tongue which wagged against me also assailed Mrs. l Eastman. and I am proud that Wash ington assailed me, too. I haven't any time to shoot at sparrows, either. Why, | Washington talked so much about bee | martins and sparrows that Joe Garner | actually went to roost on a tree last night. and this morning he didn't know whether to go to pecking at eagles or | fly from limb to limb, so we clipped | his wings and brought him here.
 "They accuse me of abusing the de- | fendants. or unjustly prosecuting them. |
 T am responsible for the conduct of l this office. and all the devils in hell | cannot deter me from my duty. And | they say the State has no theory. Well, | what of 1t? When your old dad took | you out to lick you, did you ever know | what his theory was? And did he ever ask for yours? No. he just de-