Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-02-04
STATE MAKES REPLY
To PLEA Of COOPERS;
CROWDS PACK COURT
State Attorney General Ar
raignS Appellants AS Under
takers Chairs Are Borrowed
to Seat Scores of Visitors
DAUGHTER OF COOPER
SITS WITH BROTHER
~ Associated Press.l

new trial to Col. Duncan B. ana hOoih
Cooper. convicted of the murder of
former United States Senator Edward
w Carmack. was voiced before the SUI
preme court by the state attorney gener-
al. Charles T Gates. Although the pros
ecution's young representative had re-
ceived the brief OF the defense only IS
hours ago. he had marshaled his facts
and arguments and made a strong ana
telling appeal. The rather small court
room was packed TO suffOcatiOn- Chairs
rented from local undertaken had been
set closely together.
GUARDS LIMIT VISITORS.
Guards stationed ut the doors attempt
ed to let only enough visitors in u NIL
the seats But the thrOng swept in and
would not be stayed. Most OF the audi
tors were men. but two score women ar
rived early and secured choice seats.
After the room was filled. the throng at
the door was so great that the supreme
justices could scarcely enter.
SO automatic is it, General Gates be-
gan, that courts do not take cognizanve
OF political affiliations or factions in
lawsuit that L am astonished to note the
emphasis placed by counsel of the ap-
peIIant upon the recent conversion OF
Senator Carmack to the prohibition fac
ton If your honOrs please, chal-
lenge them to find word in the record
bearing out their contention"
General Ctates denounced the attempt
OF the defense to make the issue politi-
cal one and set up a quarrel between
Robin Cooper and Senator Carmack in
order that his father might escape the
consequences OF his act
Senator Carmack was shot three
times, once in the back and twice in the
left side through the heart. and the plea
Is self-defense, after jury of their peers
has stripped the plaintiffs in error OF the
presumption of innocence, which accom-
panied them during the trial
THREATS WERE MADE.
"Carmack vas shot. your honors. after
threat- had been made; after Colonel
Cooper said:
III my name again appears in the Ten
nesseean. he or I must die. The next
day Carmack printed an editorial, a hui
EnUrous one. referring to Cooper as the
diplomat OF the Zweibund. The ofense
was given. and gentlemen, Carmack
died
Craig. who communicated the threat
20 Carmack, went TO the editor with Colo
mel Cooper's consent and reported back
10 Cooper. But COOper's counsel asked
yesterday II Carmack had sent back word
10 Cooper that no malice was intended IN
the editorials that were merely harmless
pleasantries.
NO. IL the court please. this was not
shown because when the state tried to
show that Carmack did send such word
by Edward Craig. the defendants own
counsel objected and the court sustain
ed their objections. That's why the state
did not prove it,
General Gates described the incidents
leading I'D TO the threats. told how Car
mack sent for John Vertrees, and asked
for a revolver.
Il have received a very threatening
message from Colonel Cooper. saying
. that II I use his name again, he or 1
must go. I cannot discontinue my fight.
do not want TO arm myself. but my
friends are alarmed and insist on my
getting a weapon Vertrees got the re-
v0Iver for Carmack and showed him how
10 US IT, Just pull the trigger. said Yer
trees. and It will do the rest
With a huge map. showing the scene
OF the killing. General Gates outlined the
course taken By the principals OF the trag-
edy. then he declared:
Colonel Cooper was on his way to the
governors mansion. Either he was lying
in wait or he took an out OF the way
course to the mansion There is no other
construction 10 be put on the course they
took
DESCRIBES SHOOTING.
Gates described the shooting. how Car
mack. with his hat lifted in pleasant
greetings TO Mrs. Eastman. He quoted
ais Eastman: " / heard a voice over By
shoulder. exClaiming: There you are. 1
have the drop on you now saw look
OF surprised inquiry come over Carmack's
face I saw his hand go around to his
hin pocket and the voice came again:
Get out from behind that woman. you
dastardly coward
Then Carmack's gun came out slowly
the barrel upside down Then came the
three shots and l saw a young man
crouching behind Carmack."
rs there self defense in THAR said
Gates. is there a peaceable mission
shown ia these expressions OF Colonel
Cooper. heard by a refined. brilliant wo-
man? Is there peaceable. legal mission
Indicated in the words: i have the drop
on you-get out from behind that woman,
you dastardly coward
'.Peaceable. Great Cod What peace is
contained in these threats?"
TELEGRAPH POLES SHOWN
General Gates produced two paste
board posts representing telegraph poles
where CaTmack fell. and placing them
upon the bar. reconstructed the killing
active lawyer swung rapidly from the
position OF Carmack to that OF Robin
Cooper. revolver I'm hand, describing Wv
idly the murder. The spectators leaned
forward and even the justices seemed
scarcely TO breathe.
SEEKING the collar Carmack wore, he
pointed to a tell-tale hole almost directly
above the button hole i'm the back. With
a pencil forced through the point of the
bullets entrance. General Gates said:
This cOnvicts the CoOpers. This silent
witness proves that the bullet was fired
from behind. First. they said that Car
mack turned his head. but we proved
that when a man turns his head. he can
not turn his collar, for il is fixed.
Then they said this bullet i'm the back
was fired as Carmack fell. that il was
the last one fired But, your hOnors, that
is impossible. The one they said was
the second one fired went i'm at the left
side and ranged downward at an angle
OF As degrees.
Now. Il is evident that, il Carmack
was falling-had fallen-so far that the
Hnnfinttad IN nooo Thraa