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

feeling that when the editorial at
tacks continued, the time arrived when
Colonel Cooper, IL he were to retain
his self-respect, had to say:
This splitting in my face must
stop"
Understand, your honors. that We
do not plead that these editorial at
tacks justified a killing. We simply
urge them to show the frame of mind
of the colonel at the time the meet
ing took place"
Judge Anderson assailed bitterly
the testimony OF Miss Daisy Lee.
stenographer in Robin Cooper's law
ONCE. The state laid the foundation
of the proof of conspiracy through
Miss Lees testimony as to bits of con-
verastion she heard between Robin
Cooper and his father the morning of
the killing. She heard Colonel Cooper
declare that these assaults must
STOP and Il have q right to protect
myself" all the time using vile cpl
thets, pregnant with malice.
Here was this girl, occupying
confidential position in the office of
one of the defendants in secret COM
munication with the prosecution for
over three months. Now, / am not
trying to say that Miss Lee should
not tell the truth. We want the
truth; all of It. But would not Miss
nation had she resigned at once?"
DISCUSSED TESTIMONY.
Judge Anderson next discussed at
length the testimony of a score of wit
nesses concerning Robin Cooper's
anxiety to prevent trouble and Of
Colonel Cooper's final agreement to
let the matter drop. He carried the
case up to the moment of the killing.
arguing that even the testimony of
the states witnesses demonstrated
that the Coopers approached Car
mack with peaceable intentions and
that Robin opened fired only when
Carmack drew a weaponi on his faith
er. The Judge contended that. even
by the states proof, with opinions
and deductions of witnesses thrown
out, Carmack had fired twice. one bull
let striking Robin before the latter
even drew his pistol.
In analyzing the wounds on Car
mack's body, Judge Anderson insist
ed that the bullet which entered
the back of the senator's neck and
severed the spinal cord, was the last
one fred and entered the body as the
senator was falling from the effects
Of the other two. The claim of the
state that when a man provokes a diff
ffculty and gets himself into a posi-
ton in which he has TO kill to escape,
he cannot plead selt-defense, Judge
Anderson answered at length. His
claim was that the Coopers crossed
the street in pursuit OF a peaceful
mi TN, -
cessation OF The editorial attacks; that
they had right to make the de-
mand, even IL they knew that Car
mack would resent the demand. Their
purpose being peaceful, they were not
deprived of their right to protect their
own lives.
But the trial Judge charged" he
said, "and that Is the underlying
ground for a reversal. that it is not
what the Coopers intended, but what
Carmack thought they intended He
told the jury that after having been
sent threats, Carmack had a right to
kill the Coopers, therefore the Coop
ers could have no right to the pleas
OF self-defense for killing Carmack.
Now, If the court please, the Coopers
cannot be held responsible for what
Carmack thought, when the Coopers
did nothing to give him a right to
think he was In danger"
Judge Anderson went at length in.
to the charges referred to by judge
Hart and to other errors In the trial
of the case. He concluded at / D. m,
after having spoken nearly three
hours.
The court then adjourned for the
day. Before doing so. however, the
chief justice announced that the time
would be extended FOR argument in the
third day which would continue the
case through Thursday into Friday.