The Birmingham age-herald., 1909-02-24

test. The first offensive note appeared in the Memphis News -Scimitar. in 1908.
 .'Who started the changed relations?'
 ''Why. I supported Taylor in that con test and he took offense. regretted 1t very much.s
 When you met him after that did you note change in his manner?'
 T did"
 Whom did you support for gover- nor?"
 Governor Patterson"
 After that did you notice any fur ther change in Senator Garmack's man. ner7"
 Yes. sir; he ceased to speak to me"
 Had you done him any wrong?'
 T had not
 What other indication of hostility did you observe in Carmack's attitude to- ward you?e
 Well, there were articles in the pa- per. That News-Scimitar article"
 News-Scimltar Article.
 The state objected and demanded that the article be identified. A wrangle fol- lowed which was ended by the court ordering that the examination proceed The News-S -Scimitar of March, Ia, 1908, was identified.
 Was that editorial written by Senator Carmack?"
 "I was so informed
 If you do not know that Carmack wrote the editorial, it is not competent ' said the court
 T dc not know, but I have reliable authority for my belief that he did
 The state examined the editorial care fully and passed it to the court. The state objected to the entire editorial but the court considered part of 1t compe- tent if proved that Carmack wrote it.
 Plenty of Argument.
 The defense argued the editorial went to show Colonel Cooper's mental condi- tion and that whether Carmaek wrote it or not was of no moment provided Cooper believed Carmaek wrote it. The opportunity to make a few speeches was too good to overlook and both sides took advantage of it until the court, wear jed, shut off the oratory. The colonel said he was told by a Mr. Burch, an employe of the News-soimitar, that Car mack wrote the editorial. Then the court ruled that as showing Colonel Cooper's mental condition one paragraph of the editorial should be introduced.
 General Washington read the para graph. 1t referred to Colonel Cooper and Colonel Gates as consistent bolters who got together in support of the only gov ernor the Louisville and Nashville rail- road in it's history of crime and debauch cry ever owned"
 The state objected to the tone Of voice to which Washington read the paragrap and the court offered to let the prosecutor read 1t if he wanted to, but he declined.
 Colonel Cooper was questioned about the join debate between Carmack and and asked if he ever learned that Carmack was using his name in them. !
 Cooper Ridicued.
 ''Yes, very often. It began in spirit of ridicule and later charged me with corruption. His first reference was to a little bald-headed angel named Dune Cooper Later referring to the angel he asked if the angel was white or black and were it's feathers tainted with a sulphurous smell.''
 "Who was the angel he was talking aboutT'
 "A man named Dune Cooper, sup posed to be myself"
 Cooper said in response to questions that he was a private citizen at that time, held no office, and had said or done nothing to provoke the attacks.
 How far did the debate extend?"
 ''All over the state and they were largely attended. My name was used in middle and eastern Tennessee only"
 And was garnaack defeated?"
 "Hes was"
 What became of his occupation then?"
 He became the editor of the Nash vile Tennessean."
 Did his attacks continue in that paper?"
 They did. uninterrupted1y."
 Tennessean Editorial.
 Here General Washington produced a copy of the Tennessean of October 21 1908, containing the first editorial attack upon Cooper.
 This is the editorial which made the situation serious and it was followed by others. It was headed An Awful Tn hreat," and concerned Governor Pat terson's chances of election if Bryan was knifed. It closed by directing the attention of the Honorable Dune Coop CT and other honorables, naming them in the threat to knife Bryan. Among the honorables named was Solomon Cohen.
 Who was Solomon Coh en?"
 He was a Black Bottom dive keeper, often convicted of crime"
 "The defense inquired as to several of the other "honorables' mentioned and they were all given bad names by the witness The intent was 10 show that Carmack grossly insulted Cooper by linking his name with those of notorious men.
 "Carmack> wrote this editorial?"
 Well, he was the responsible editor. do not know who wrote it."
 Here Is a copy of the Tennessean of Sunday, November 8, 1908. Has it an in it about your"
 Fatal Editorial.
 Tt has," (This editorial is the one entitled Across the Muddy Chasm," which so enraged Colonel Cooper that he told Craig that either Carmack or he-Colonel Cpoper-must die if his name appeared again.)
 Had Senator Carmack ever charged you with being the head and front of a corrupt machine?"
 He has. At Ashland City he stated that the governor was an island and that I was the water completely sur him. I was also accused of being the head of the corrupt machine.''
 Here is a copy of the Tennessean of November 3. 1908. Has it an edi- torial in it about you?"
 Tt has
 Counsel for state demanded to see it and the paper was passed to them. They objected to it's introduction but the court admitted it. It was en- titled, The Work of the Machine" It was a bitter attack upon machine pol tiles, but no names were mentioned. Next Judge Anderson read the editorial of November 8, entitled Across the Muddy Chasm." In 1t Colonel Cooper Is referred to as the peacemaker who