The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-02-03

governors mansion. Either he was
lying in wait for some one or he took
an out-of-the-way course to the man
sion. There Is no other construction
to be put nthe course they took
General Gates described the shoot
ing, how Carmack stood with his hat
lifted in pleasant greeting to Mrs.
Eastman. He quoted Mrs. Eastman
Il heard a voice over my shoulder
exclaiming, There you are, have the
drop on you now l saw a look of
surprised inquiry come over Car
mack's face, / saw his hand go around
to his hip pocket, and the voice came
again: Get out from behind that wo-
man, you dastardly coward Then
Carmack's gun came out slowly, the
barrel upside-down. Then came the
three shots and l saw young man
crouching behind Carmack.'
NO sELF-DEFENsE.
as there self-defense IN that?" said
General Gates. rs there a peaceable
mission shown In these expressions of
Colonel Cooper, heard by a refined,
brilliant woman? Is there a peacea-
Bile legal mission indicated in the
words L have the drop on you-get
out from behind that woman, you das-
tardly towards?
"Peaceablet Great Godl What
peace was contained in these
threats?'
General Gates produced two paste
board representations of the tele-
graph poles where Carmaek fell, and
placing them upon the bar, recon
structed the killing. 1t was dramatic
in the extreme. The active lawyer
swung rapidly from the position of
CaTmack to that of Robin Cooper. re-
volver in hand, describing wildly the
murderer. The spectators leaned for
ward and even the justices seemed
scarcely to breathe. Selling the col
lar Carmack wore, he pointed to the
tell-tale hole, almost directly above
the buttonhole in the back. With a
pencil forced through the point of the
bullets entrance, General Gates said.
This convicts the Coopers. This ST.
lent witness proves that the bullet
was fired from behind. First they said
that Carmack turned his head, but we
proved that when a man turns his
head, he cannot turn his collar, for 1t
is fixed. Then they said this bullet
in the back was fired as Carmack
fell, that it was the last one fired.
i1dI, yOuI JudI ID JIupOSS1Dl5.
The one they said was the second one
fired went in at the left side and
ranged downward at an angle of forty
five degrees. Now, it Is evident that
if Carmack was falling-had fallen
so far that the second bullet took n
range Of forty-f1ve degrees then the
third one, instead of following a
straight line and being found under
Carmack's tongue, would have come
out the top Of his head No, the
physical facts show that the bullet in
the back of the neck was the first one
fred, and it was fired from behind"
General Gates next took up, read
and discussed the various editorials
introduced by the defense as partial
justification for the quarrel which
led to the killing. After each SEN
tence, Gates exclaimed: Does that
expression Justify murder?"
General Gates then said: "The de-
Tense excerpts to the exclusion of a
portion of an editorial printed in the
News-Scimitar. Why, your honors,
the trial Judge let every line of it that
referred to Colonel Cooper go to the
jury and excluded only that portion
of it which refers to a Judge of this
court. Why did they want this part
admitted? This is a significant ques-
ton. / cannot answer it.
A SIGNIFICANT FACT.
''But the most significant fact in
this whole record, and it is testified
to by the defenses' own witnesses,
and I would be willing to submit this
case on this one significant fact. is
this: We find Colonel Cooper, armed
and raving mad, applying vile cpl
thets to Carmack and making threats.
We find Robin Cooper, Judge Brad
ford and Mrs. Burch, the colonel's
daughter, all seeking to restrain and
control-who? To restrain Carmack
from assaulting or killing Cooper?
No. To restrain Colonel Cooper. Now,