The Birmingham age-herald., 1909-03-09

that way about o'clock every day to his apartments. The attorney then followed the Coopers up the street, commented upon the significance of their meeting with John D. Sharp and the incredibili- ty of the story that they invited him to accompany them to a private conference with the governor. He also pointed out how After Colonel Cooper had promised his son, his brother-in-law and Governor Patterson according to his own test- mony, that he would keep away from Senator Carmack, he pulled away from his son and sought the senator out
 To Governors Mansion.
 Tn the name of Godl" he exclaimed, If you really wanted to avoid meeting why didn't you keep your face to the north, why didn't you go on to the governors mansion where you say you were bound?
 "Why did you turn around and spring away as John Sharp swears you did and f1ght>here, we come to the crucial test where you, gentlemen must apply the law to the facts-who brought on the trouble? If the Coopers had gone on as they started then Carmack would still be alive.
 But they did not. Senator Carmack was coming up the street, totally obllvl- ous of the danger. When in the act of paving chivalrous homage to lady lie sees the father who had threatened to kill him on sight, approaching him rom behind a woman and the son clrcnng around to get behind him. Now, gen. tlemen, would not you have felt that your life was in danger? Would you not have involuntarily reached Tor the hleahs to protect yourself?
 Here is Senator Carmack approachlhg A lady. He removes his cigar from hls lips with one hand and raises his nat with that courtly grace which was char acteristic of the man. He hears voice. and it says: There YOU are, sir. We have the drop on you
 What is his impression? A man Who threatened him in front, the man son circling behind him.. Of course he made a movement to draw weapon. Who would not? Who had told him Colonel Cooper had changed his mental attitude?
 Mrs. Eastman's Story.
 nyou heard Mrs. Eastman's story. You heard her tell how she turned and saw one man in front of Senator Carmack as he fell another behind him and you know from testimony that two bullets hit the Senator in the side and one went through the back of his neck.
 At this stage of the argument court adjourned until p. m.
 After luncheon Captain Fitzhugh turned his attention to John D. Sharp. He de- scribed the meeting, the walk to Unloh street and Seventh avenue. How Sharp, fearing trouble and not wishing 10 get ..nixed up' in it., turned to walk away Then remembering Robins sgnincant re- mark l.rhere's Carmack; do not let papa see him. he turned around.
 In one single glance" said Fitzhugh' .'John Sharp saw the entire transaceloh' He was looking at Colonel cooper rom behind. but swears Cooper had no pistol If was dark and fogsy, but he saw blued-steel revolver in Senator Carmack hand. In the time Colonel Cooper had traversed 135 feet John Sharp had tra- versed 62 feet, according to his own sla'e- ment. vet he tells you that he was III A furry to get away. But listen to MISS Skeffington. She says, and her character is unimpeached and un,mpeachabie-sh says when. she asked John sharp "na. that shooting was before he turned around he said: That is Colonel Cooper shooting Carmack.' Why should he say thatq Because he had Knowledge In ad- vance that Colonel Cooper was to do at least part of the shooting. IT, as ne says. he looked around and saw no re- volver in Colonel Cooper's hand, why should he say that it was Colonel Cooper shooting. I'll tell you, gentlemen, 1t was because ne WaS UTOusnt etiOh6 ec w e' witness to the killing to testify for the defense and he is as guilty as prin- cipal
 Decisions Quoted.
 A long list of legal decisions on the guilt of accessories was quoted, together with the conditions under which per son becomes accessory. Fitzhugh de- scribed Sharp's walking back to the scene of the crime, his leaving it and again aftr rf1 fa5 htc the strange fascination which draws a criminal back to the spot upon which the crime was committed in spite of himself. He next attacked the defense's theory. He declared that they first tried to urge justification on the ground that the edi- torials were provocative of, trouble and then abandoned it and pleaded self-de- fense.
 "seIf-defense," he said, depends upon necessity not brought about by the fault of the party who takes human life. If the party who kills brings about the difficulty seeks out the victim, then they have no right to plead self-defense, under our law and decisions Now Is there any dispute that the Coopers deliberately sought out Carmack? There Is not" SeIf-Defense Plea. Captain Fitzhugh again quoted many cases supporting his contention. He re- ferredFo the self-defense plea as the my pockT plea,' and made dramatic ar gument to the jury that the defendants under the Tennessee law are guilty re gardless of who fired the first shot. ny attacked the story Robin Cooper told o' the actual shooting ana claimed IL was a physical impossibility for the dead sen ator to have been standing as hopln say he was and then receive two bullets through the heart and one directly II the center of the back of the neck. The witness 8. R. Benning, since ar rested for perjury, was denounced as z neriurer and Robins story of finding 1T his bed the bullet which wounded nm was secuted.
 Other witnesses whose testimony wal | impeached were bitterly assailed. Captain FItzhugh closed at S:5O p. m, having snoken five hours and ten minutes. General Meeks. who was to speak next said he felt physically unable to proceed | this afternoon. He thought that tim, could be saved by adjourning until morn ing.
 Judge Hart consented and postponed f,rtber nroceedings until a. m tomor.