The Washington herald., 1909-03-06
DEFENSE WITNESS
now IMPEACHED
Doubt Cast Upon Testimony
of S. J. Benning.
HAD SAID HE SAW SHOOTING
Tive Witnesses Declare Benniu 2
Told Them He Arrived at Scene
Five Minutes After the Shooting.
Young Woman says She Saw NOtE-
ing Of the Defense Witness


ing Of the Defense witness
Nashville. Tenn. March 5-The State
to-day put witnesses on the stand in the
Cooper Sharp trial for the murder OF
Senator Carmaek 70 impeach the testi-
nony Of s. J. BeDning. the defense wit
ness. who declared he saw Senator Car
mack testing the cylinder OF his revolver
few moments before the shooting. and
that ne witnessed the murder
Three witnesses were called to cast
doubt on the evidence OF Bnning- Dur
! ing the morning session Charlie and
George Carroll were on the stand. The
substance of their testimony was that
Benning was IN their shooting gallery
shortly after the murder, and remarked
10 them that had he been FIVE minutes
earlier he would have seen the murder Of
Carmack-
The witness OF the afternoon session
who was used to diseredit Benning' 5
story was Miss Ella Lamb.
Miss Lamb Didn't See Benning.
, She, a trinity gowned, self-possessed
young woman. al first Identified the dif-
/ ferent buildings on the map OF the scene
of the tragedy. and said sae lived in
Z Seventh avenue az the time OF The
1 tragedy. near where Il happened
DO you know the day Senator Car
mack was killer asked Gen Garner
7 Go; 1 was at home IN the basement
near the south window. sewing, and fac
Z ing the window"
Did you see Senator Carmack the az
/ ternoon before the kHIing2"
y cid; he passed knew him By sight
/ he passed often"
How often?
+ The defense objected and was sustained
Were you near enough "a that gaze
near your window 70 hear 8 match
( struck"
7 think So
CWitness Benning swore he struck q
match on that gate just as CarmacE
sed to bis death-)
Saw Carmack Pass.
you see any one pass except Sen
Carmack?"
I'D not
on had good view Up the street?'
Very good. Unobstructed-
Did you hear shots hred7T
heard them"
:, hat did you do2-'
jumped up, looked out, saw nothing
the east side. but saw q group Of peo-
-ver at the telephone poles.
ID you see any person on the east
Seventh avenue. on the street, or
S5dewalk, or on the path across the
did not"
Ms fatty contradicts Benning. wit
sore he was walking along the line indi-
Gated by Gen. Garner in his question tC
witness.
u saw no one across the street uen
Ae@tor Carmack as he passed.
nc, one"
You saw no one pass at that time ex.
ept Senator Carmsck2
NO one
rhe defense asked but few questions OF
ss-examination. One was:
as there a horse and buggy in front
- yoUr window
There was.
Cen Garner asked her If this obstructet
view, and she said it did not. as tn.
came from UP the street. and thai
ne way she looked
Wha- Craig Told Carmack.
Former State Treasurer Ed Craig. wh,
rried Col. Cooper's threat to Carmack
es recalled by Capt Fitzhugh.
lid you tell Col Cooper that his name
ould not appear in the Tennessear
NJ"
did not
Did you give him any such assurance
tly or indirectly?"
Did Col. Cooper IN either interview
express a desire for a personal interview
with Carmack. and say ne would com,
to It unarmed2''
"No, sir; no such request
"And he did not say anything abou
being Unarmed?'
No such statement was made"
did YOU tell Col. Cooper that Carmacl
was in an ugly humOr or ugly m0odg''
The defense objected, out the c0ur
sustained the State.
Il could not and did not make such Z
statement. and
phrase. and demanded that it be stricisel
out
This was another fat contradiction o
n Benning. who swOre he was there.
On-crOss-examinatiO he said the shot
frightened his horse, and ne devote,
much attention thereafter TO quieting tn,
animal
Question Ruled Out
CAPT Fitzhugh announced that n
wanted 10 ask Mr. Craig. next witness
bov senator Carmack resolved the threa
Of Col Cooper. and asked for a decision
On whether the state might not prov
1 Carmack's s mental attitude
seThe court ruled that such testimon.
Is not admissible, and II adhsres 10 IN
. previous ruling commented Judge Hart
. Thereupon the witness was excused with
out cross-exsmination-
violets. &c per bunch Kramer. sls F.
! Special prices for the small buyer.