Historical Newspapers of South Carolina

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CARMACK'S SLAYER TESTIFIES Young Man Who Did the Actual Killing Describes the Tragedy Makes Strong Impression on Jury and Spectators X-Ray Brought in to Use. Nashville, Tenn., February 20. This was the defence's day in the trial of Col. Duncan B. Cooper, Robin J. Cooper and John D. Sharpe charg-1 ed with ithe murder of former United States Senator Edward W. Carmack. Only one witness was examined, the boyish defendant, Robin J. Cooper, and he made a -splendid witness. When court opened it was expected that -the State would offer one or more of its missing witnesses. At least three arrived last night, but the at torney general decided either not to use them at all or to save them for his big conspiracy fight in rebuttal. Both sides seemed sparring for time at the opening of the day's session. Finally the State's attorneys appear ed. Then the defence asked for thir ty minutes' indulgence and took ax 'hour and a half. It was presumed that a conference was on, but in real ity the time was required in order that an X-Ray photograph might be taken to learn if the bullet whidh Robin Cooper received in the should er was stil ther. Dr. Fort thought it was and so testified. However, the day after the shooting Robin Cooper found a bullet in the bed near his - knees at the St. Thomas Hospital. It was a 38-ealibre bullet. The gun found near Senator Caamaek's body with two empty shells is a 38-eali bre. The defence evidently wanted to be sure that the X-Ray showed no bullet in Robin's shoulder before -hey produced the missile found in the boy's bed. In this connection the State has an iftteresting theory that the revolver found near Carmack's body was not the one foced upon the dead editor by one of his staff a few hours before he was shot. The one picked up is a blue stell 38-ealibre. CoL Cooper's revolver, secured a- day or two later, is a nickelled 38-ealibre, and apparently had never been dis iwharged. A Good Witness As soon as the X-Ray plate had been developed and diselosed no trace 'of a bullet the defence announced it was ready and called young Cooper toithe stand. The.boy is aslender, erect, clean-cut, highbred type of -a young man. His features are deli eate, almost feminine, -but bhe carries shimself in an erect and manly fash .ion, and there is nothing effeminate in !his manner. His voice is soft and 'well cuitivated. He speaks slowly, -ahnost with a drawl. He answered every question with a deliberateness and caution that at times seemed to exasperate -his edunsel, Judge Ander son, and p-ut him in the light of an ~unwilling -witness. But there is no doubt that his evident sincerity and disinclination to take advantage of a situation made a very strong impres -sion on both jury and spectators. His eross-examination was postponed un til Monday, -when it will consume pro bably most of 'the day. He said that he practiced :law in the office of his uncle, James Bradf!ord, and that on November 9,.-the day of 'the Carmaek shooting, his father call ed 'at Bradford's office in the fore noon. Young Coo-per, who gave his age as twenty-seven, referred -to this fath -er -as "papa.'' "When papa told me,'' he testi fied, "'he was afraid he was gzoing to have trouble with Mr. Carmaek.'' After a long argumenit of -counsel, Cooper was a.llowed to explain such parts of his conversation as had been previously testified to by Miss Lee, -who said she overheard -parts of the conversation. T-he witness continued, speaking of his father: Carmack Attacked <Elder Cooper. "He said he was afraid of trouble. I asked -him why. He sa-id in sub stance that Mr. Carm-ack. in his pa 'per, had been printing editorials at tacking -his character, and as he put it, shooting poisoned -arrows. He said it wa-s becoming unendurable. He said he h-ad seen Mr. Craig the night before -and told hbim to tell Carmack that -he must cease using his name in his paper. He said Mr. Craig return ed -and said he -had seen Carmack, but Carmaek would -agree to nothing. "As I remember it. Mr. Craig said to -papa that Carmack was in a vie ions -humor or mood.'' Robin said -his father also told Craig to tell Carmack that unless he -ceased using his name, the stownl was not big enough to hold 'them both. "I was greatly worried,'' the wit ness continued. ''and said I believed my uncle could -bring influence to hear to show Ca;:maek the injustice of his course. It was then that papa said, 'he had no) righit to use my name. andl I hiave a right to pro-~tect nmyself.' Testimony Ruled Out. The defenee attempted to get in testirmonv by Robin tending to show that Col. Cooper's waiting for Car iack the day of the killiig Was mere ly to protest against the use of Coop er' s name in the paper, but this te. timony was ruled out. Then Judge Anderson, in an impas sioned plea, frankly admitted why ithis evidence was essential. The court was unmoved. Robin said after this talk he tele -phoned his sister, Mrs. Bureh, for the purpose of getting her to find his father and keep him off the streets. "Why did you wish him kept off the street?'' "I feared Mr. Carmack mighit have resented the message papa sent him, and that there might be trouble." "How old is your father?" - "He is sixty-seven years old." "And his physical condition?" "His right hand is cripplkd, the two smaller fingers of the hand are bent in and cannot be moved." "What did you do then?" asked Cooper's counsel, again taking up Robin's movements during the morn ing. "I went out and looked for papa, but failed to find him, I returned to my office and telephoned Governor Patterson to ask him if he knew abont the trouble.'" "Did you get a pistol that day?" Where he Got Pistol. "I did. I got it from my uncle, Robin Jones. I called him up and asked him if he had one. My pur pose in getting it was this From what papa said, from telephone con,ersa tions, from the messages -" "We object to his reasor.s '" id State Attorney General McCarn. "Well, the message father sent Carmack was .very strong, and, know ing Carmack as I did, I feared he would resent it. I could not find pa pa. I knew aie was on the streets, so at noon my uncle brought me thle au tomatie revolver, I determined to find my father, and if he must he on the streets, to stay near him and pro tect him." Robin testified that he found his father, and that he induced the latter to stay at the Maxwell Hotel until 3 p. m. The witness -meanwhile tried a ease in court. Robin said he did not hear hi; fifth er using th-e violent language Mis Lee said she heard. At 3 o'clock he again saw his fath er in Bradford's office. ''How long did you stay there?"' "Until father and I left." "Where did you father say he was going?'' "To the mansion to see Govamnor Patterson.'' "Why was he going there!?" "To .meet Governor Patterson and Mr. Austin Cooley at Governor Pat erson 's request." "Who told your father that Gover or Patterson wanted to talk to im?" "Gen. Tulley Brown." "Did your father want you to go aong?" "He did not." "Why?" 'He did not apprehend any trou le as he thought it was in process of settlement. He did not a.pprehend hat he would meet Carmack." "Had you received any informa ion as to what --was the result of the~ enference in B'radford's office whied eosed at 4-p. in?" "Yes, papa had agreed to refrain from sending the note and to disre rard the -" .The State 's objection to finishing his sentence was sustained. Started to See Governor. Witness detailed the walk from Bradford 's officee to the scene of the shooting. They stopped at a drug store, brought some soda water and alked on up towards the Arcade. "Papa spoke to several people on the way. I saw John Tindall, the ewsboy, but neither of us said any thing about 'getting' any one. "At the middle of the alley inte:r-. epting the Arcade we met John D. Sabrpe and Representative Matthews. We stopped and ta:lked. I had not seen Mr. Sharpe for a long time." Wit.ness said they walked on in the direction of the Governor's Mansion,' Mr. Sharpe accompanying them. "Were you expecting .to meet John Sharpe :that day ?" ''We were not.' "When we got to Vine street. or th avenue, I saw Mr. Carmae'k down n 7th avenue, near Chureh street, a block away. I turned to Mr. Sharpe and said : 'There comes Senator Car mak: don't let papa see him.' I whispered, and then to papa I said: 'Let's hurry up, papa.'" "When papa came up to me I got him by the arm and turned -toward the governor's Mansion. I began to hurry. and he pulled away, saying: 'What'.s the matter with you.' tihen he turned and exclaimed: 'Say, is that Senmitor Car'nnek ? Yes. I'll go over and talk to him now.' 'T said : 'Oh. no. papa, you mus: not nmow. "lie said : -I knoiw (armack: he knows meL. there will be no trouble.' I let him ga ohbmt twenty feet. I di not k-now wat to do, then I went Over 1' ill. "If vou believed his mission was xaeeftul why did you o with him?" "Because he was my father and I believed it my duty sto protect him, as he was unable .to protect himself." "Did you believe Senator Carmack knew of your father's ehanged atti tude?'" "No, sir; I knew he did not. Fath er turned over and got on the side walk. I followed him in the street and got in the direction of the two posts. Papa. was on the sidewalk, I was in the street almost even with him. The Killing. "Senator Carmack was about to pass Mrs. Eastman and was puttting his hat hack on his !head. Papa spoke to him .as he was passing her without expecting -to speak. Papa said: 'Senator Carmack,' and instantly the senator drew his revolver. "It came out instantly, just like this.'' The witness illustrated the motion. "It paralyzed me for a minute, and I sprang towards papa as Carmack began to back towards the pole. "As I jumped a shot exploed in my face. The bullet struck my neck tie and went into my 9houlder. I went after my gun, which was in my overcoat pocket. The second shot went through my sleeve and entered the post. I slipped -around the post and found Carmack aiming at. me again." "What did you do then?" "I began firing. I fired three times as fast as. I could, leaning against the post with my left hand. I saw Car mack reel and fall, and I quit firing. "Why did you 9top?' "Because I saw that he was hit. "Did your father say anything about a coward?" Heard Word "Coward." "Yes, sir. As Carmack drew his revolver and got behind Mrs. East man, he said something about a co ward, bidng behind a woman's skirts." "Where was your attention een tered " "On Carmaek and father." "Did you see a pistol in your fath er's hand up to the time Carmaek be gan to shootI" ''No, sir.'' "Did your father say -to Carmack 'now you are hiere; we have the drop on you?'"' "No, sir, no such expression was used. The only expression was about i, coward. The whole think was over in a minute. I jumped eight or ten feet before I was shot and I moved very quickly.'' "Papa put his arm around me and led me away.'' "Did any one fire a shot before Senator Carmaek '' "No, sir, Oarmaeck fired two shots first and I fired three. That was all that were fired-five shots.'' The Aitness t'hen described his wounds and testifed about the X-ray examination. Later his counsel ask ed: "At thre time you shot Senator Carm'ack, did you . not believe that our life was in danger?'' "I believe if I ,had not done so, he; would 'have killed me. I think in an other instant he would have shot me aain'' Tlhe witness denied ever having said to Chas. H. Warwick that Car mack "ought to have been dead and in hell twenty years ago.'' After Robin Cooper testtified that e had know Senator Carmiaek for manyx years and had never ''had aught but friendly feelings for the senator.' "the defence -announced that they were tlrrough questioning 'him, and court adjourned. TRIAL HALTED. Recess Ta.ken in the Cooper-Sharpe Trial-The Witnesses. Nashville, T'enn., Feb. 18.-Absence of somle State witnesses ani desire on the part of the defence to arrange its plan of proceedure, caused an ad journment today until Saturday in the Cooper-S'ha'rpe trial for the mur der of former Senator E. WV. Car' mak. The State first announced that it rested its case in chief. When the defence asked until Saturday 'to prepare. and the continuance was granted, Attorney General McCarn announced that some witnesses would be here by that time. and that he would offer their tesitimony. The State has satisfied itself with offering testimony to prove that Sena ator Carmack was slain in Nashville by Robin J. and Duncan B. Cooper; that John D. S.harpe, when he heard the shots, knew what ithey were doing without looking around, and that prior to the 'killing, several confer enees had been held. This the State contends lays the foundation~'of proof of conspiracy. The State stops here andl wai.ts for the dLefence to offer its case. Attorney General McCarn has sub poenaed sixty-four witnesses, and has usdarcely a sore. The others The defence has not issued a sum mons. but says its witnesses will be present without court process. By not issuing subpoenaes, it prevents ,the. State from knowing its witnes ses' names. The only incident of to day's testimony was the State's at tempt to prove by implication that the pistol holster found in the dead senator's overcoat pocket was put th'ere by one of the attorneys for the defence, when, a few weeks ago, he went .to the morgue and tried on the overcoait. Two witnesses testified it was not in the pocket when the sena tor was killed. It was found in the pocket by Gen. Washington, of coun sel for the defence, when he tried on the overcoat. Found no Scabbard. The first witness today was Finley Dorris, a member of the undertaking firm which embalmed Senator Car mack's body. Dorris said he examin ed the pockets of the clothing of the dead man the night of the killing and again at the request of the State's at tornevs before the hearing for bail. He was posititve that he searched each pocket. and that the scabbard was not in the overcoat pocket when the body was brought in, and was not in it at thte time of the application for bail. "Has any one else examined the clothing?" "Yes, sir. Gen. Washington and Mr. Meeks, counsel for the defence, examined it, with my consent." "When?' "Since the application for bail." "Can that holster be crumpled up and concealed in the hand I" "It san, readily." It will be recalled that W. G. Jones, the embalmer, was recalled late yes terday and asked by counsel for the defence to seareh the dead man's overcott pocket and tell what he found. He produced the small rub ber holster, to his evident astonish ment, for he swore it was not in the pocket thje night of the kiling. . Gen. Washington cross-examined. The witness said the article was a rubber shield worn on the end of a re volver to prevept the barrel from wearing the pocket. Gen. Washing ton was going more into detail, when Judge Anderson, chief counsel for the defence, leaned over and evident y disapproved, for in the middle of a uestion -the witness was excused. Attekneys Examinaed Overcoat. William Murray, bookkeeper for Dorris, told ihow G*en. Washi.ngton and Attorney Meeks examined Sena tor Carmack 's clothing 'a few days after the application for bond. "They came in and examined the lothing carefu~lly and Gen. Washing on put on the overcoat. He turned slowly around and put both hands into the overcoat poekets. Suddenly e drew out his right hand and this sabbard was in it. 'What is this hing?' asked Gen. Wash.ington, hold ng t'he scabhard oat to me. 'It is a pistol scabbard,' said I. Neither Gen. Washington nor Mr. Meeks seemed to know what a scabbard or holster was util I itold them.'' and the witness aughed sareastical.ly. Gen. Washington again cross-exam ned and made the witness say: "I am satisfied you 'had 'nothing n your hand when you put on the vercoat.'' Mrs. Eastman, when on .the stand esterday, testified that as :Senator Carmack reach:ed for 'his revolver with his right hand, he turned his left towards nis right side. She also said that the revolver .eame out bar -el up. Gen Washington tried to show by 'tihe witness, Murray, that if this olster or scabbard were on the re volver barrel it would look like the' andle of a revolver, and that it was this scabbard on the barrel which ae Mrs. Eastman the impression that the gun was inverted. The State >bjet'ed and 'the court sustained the bjetion. Policeman Testifies. Patrolman Robert Vaughn, tihe ar resting offieer, told how he heard the shots and ran to the scene. He saw the body and was told that one of the principals had been wounde'd and had gone to Font 's Infirmary. He found Col. Cooper and Robin Cooper there, the latter lying on a couch. "Robin spoke to me and said: "Pa pa, give Mr. Vaughn my gun.' The coonel got an automatic revolver out of an overcoat lying on a <chair.'' The (mee.r identified the revolver. He said he had not examined it. because e never saw an automatic pistal be fore. Col. Cooper said nothing about his own revolver, and the officer did not search either of the men. On cross-examination the officer said that Lieut. Pilcher, U. S. A.. was standing 'not far from Carmack 's body wihen Vaughan arrived. The lieutenant 'handed him a revolver and sai: "H-ere is a g'un I found near Benator Carmack 's body.'' The pa trolman said it was a 38-calibre gun. 'ilch.r "boe'the gun and showed three loaded and itwo empty shells. (Continued on page three.) Your Cotton Crop Can Be Increased It costs no more to cultivate an acre that produces two baes of cotton tian an acre which produces only one- quartcr cf a bale. Why nct see what you can do g.rgia-CarolHia Fertilizers C -- r,i V'In 1 - I ) double and more than d li al of Virgin ia-Car! L 7- r (f KeIZ-ov County, Ter-., r L 'ii~z(-rc7i about,5 acres planted wizt ; -, fii-est crop (A cotton we ever saw C .tiiri the sarne. We a~ctuallycoLntt-, nl t ta a ad by actual cou 9 * ...: :: ~Ca -bou.t 8 '.cres we expect to i 2 -Lo1s t.l ner-, o'nd -n estimate of zdjuining farms tiliz,d an( Ldcr c-her cultural mcthod-, w1 yl cl five acres." An interesting picture of the cotton plant:; referred to i I b e found in the new 1909 Virginia-Carolina Farmers' Year Bock, copy of which may. be had from your fertilizer dealer, cr will be sent free, if you write our nearest sales office. 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