The herald and news. (Newberry S.C.) 1903-1937, February 26, 1909, Page TWO, Image 2
ROBIN COOPER
CROSS-EXAMINED
Carmack's Slayer Holds His Own
With Base-Noted Trial at Nash
ville Progressing Rapidly.
Nashville, February 22.-When the
court adjourned tonight in the midst
fo the cross-examination of John D.
Sharpe, the honors were easy be
tween the State and the defence in
the Cooper-Sharpe trial for the slay
ing of former United States Senator
Edward W. Carma(k. Young Robin
Cooper, under a bitter cross-examina
tion of nearly four hours, held his
own with ease. He was always cool,
careful and displayed an inclination
to be ab'solutely fair that evidently
impressed the jury and just as evi
dently exasperated Attorney General
McCarn. The next witness, and the
only other one of the day, was John
D. Sharpe, another of the defendants.
Sharpe told his story well under
direct examination, and made a good
impression. But he was turned over
to Attorney General Garner, of
Maury county, for cross-examination.
Mr. Garner has somewhat of -a repu
tation in his own county for clever
work, but he was an unknown quan
tity in Nashville. Wden court ad
journed for the day the defence's
counsel drew a long breath and were
no longer in doubt as to Garner's
ability. His cross-examination is of
the rapid fire order.
. John Sharpe is a man of high tem
per and Garner soon had him beside
himself. He contradieted himself on
manay minor details, but never on the
more important particulars. Once he
got on. dangerous ground. On direct
e-amlination Sharpe swore that he
saw the kiling and that "Carmack
fell after Robin Cooper had fired
three times."
One of the bullet wounds, a neces
sarily fatal one, pierced the sena
tor's neck within ofie-sixteenth of an
inch of the spinal cord and came out
under his tongue. As Sharpe swore
that Carmack was facing young Coop
er, aiming a revolver at him, this
would be impossible to reconcile with
the statement.
On cross-examination Sharpe said,
however, that Carma-ek turned !his
th-ead just as the second shot was fir
ed. He did not explain how the sen
ator A 3uld turn his head far enough
to permit the ball to enter the median
line of the neck on a straight line.
The State pushed Sharpe hard up to
nearly 6 p. in., then asked that a con
tinuance be granted until tomorrow,
when it was alloived.
Sharpe left the stand with a sigh
of relief. His faithful -little 'wife, who
ihas never missed a minute at his side
in court, sprang up to meet him and
cheered him with smiles and words
of encouragement.
Robin Cooper Testifies.
Before cross examination began
Robin Cooper testified to his rela
tions with Carmack, which he said
were limited to a speaking acquain
tance.
The crow-examination by Attorney
General McCarn then began.
"As a matter of fact you have nev
er occupied a cell have you?'
Objeetion sustained.
In reply to questions witness said
he was a lawyer.
"You did a great deal of pardon
work?'"
"Only once. I got a pardon for
Jesse Linder."
"Your service then was principa
ly to see Governor Patterson and t-he
pardon board?"
"I a.ppeared before both."~ He said
Linder got fifteen years and served
about two.
The drift of the questions was evi
dent-to show Cooper's connection
with Governor Patterson and how in
fluential they were.
Attorney General McCarn suddenly
switched to the day of the tragedy.
"When did yo'i telephone Mrs.
Burch, your sister, to find your fath
er?"
"About 9.30 a. in."
"And you wanted your sister to
keep dhim off tihe streets?"
"Yes, sir."
"Still your father had only left
you a moment before'?"
"Yes, sir."
"When did you learn that your
father was armed'?"
"When he reached my office that
morning."
Several revolvers xw ere brought in
and Robin was asked which one his
father had carried on the day of the
shooting.
"I do not know," he said. "The
nie.kel plaited one looks like it. 1
only glanced at it."
The State's contention is that the
gun sa.id to have been found near
Carmack's body was in -reality Col.
Cooper's. substituted for the one
Carmack carried.
Met Governor Patterson.
Young Cooper said the automatic
.revolver hie shot Carmack with was
the first one of its kind he ever hreld
in his hand. It developed, too, that
while kokin;r for his f:ather the any
of +hea ooey Robin met Governor
Patterson and walked through the
arcade with him at the governor's re
quest. This was not testified to on
direct examination.
He was armed at that time and
talked with the governor about the
trouble.
"How often had you talked to Gov
ernor Patterson that day?"
"Twice. Once in front of the Tu
lane."
"And were you armed then?"
"No, sir. I got the revolver after
I saw the governor the first time."
"You had an animated conversa
tion with Governor Patterson across
from Carmark's office, after which
you went and armed yourself?"
"Not animated; just oonversa
tio1."
"You suggested your uncle, Jas.
Bradford, to arrange the difficulty?'
"You knew Bradford hated Car
mack."
"I knew he did not admire him."
"Do you know whether there is any
reason why Mrs. Eastman or Charles
Warwick or Carey Folk should per
jure themselves to deprive you of
your life or liberty?"
"I do not."
The lawyers for the defence were
fighting each of these questions des
perately, but the court ruled against
them.
The Tragedy.
Coming to the point where the
Coopers were approaching Carmack
just before the shooting, the State
asked:
"And did not your father say:
'There's the damned rascal now-we
will go out and shoot it out with
him?"Y.
",No, sir, he did not. He said:
'There's Senator Carmack; I want to
talk to him."
"Will you say what Senator Car
mack was doing with that pistol from
the time you saw him draw it until
you got in his line of fire?"
"He was holding it beyond Mrs.
Eastman ready to shoot."
"But he did not shoot until you
got around the pole did he ?"
"No, sir." He said the stone from
ais searf pin was brown out by the
concussion from Senator Carmack's
revolver.
"What was Senator Carmack doing
when you began to fire?"
"He was aiming 'his revolver di
retly at me."
"There had been no unpleasantness
and you did not draw your revolver
until you were shot ?"
"I did not. I was shot before I
opened fire."
"Was he standing erect at the last
shot?"
"I can't say, die may have been
falling."
Robin showed the jury theo scar
from the wound in his shoulder.
"Is not the wound or course of.the
bullet distinctly upward?" asked
Gen. McCarn.
"Apparently."
Did Not Denounce Ca.rmack.
"Did you, in the spring of 1908, to
Attorney Peeples, denounce Senator
Carmack with profane oatihs and bit
ter language!"
"I did not use profane or bitter
language I may have criticised the
senator's political course.''
"Did you use the expression 'God
damn Senator Carmack?' "
"No, sir, I did not."
"Did you use that language about
Senator Carmack in this senatorial
contest with Governor Taylor?"
"No, sir, for I was a warm sup
porter of Senator Carmack in that
race."
The attorney general floundered a
minute at this stage and then went
back to the time of the shooting.
"As the senator drew his revol
ver," Robin testified, "I moved in
and the Eastmans moved over toward
the inside of the walk."
The counsel for the State consulted
a moment and thren to the surprise of
every one the attorney general said:
" That is all your honor."
Judge Anderson re-examined the
witness briefly.
"I desire to make a statement,"
said Robin. "On cross-examination
I was asked 'if I was armed when I
talked to Governor Patterson. I
was, but I want to say that the gov
ernor did-not know it.
Sharpe on Witness Stand.
He was then exeused and John D.
Shrpe, another of the defendants,
was called to the stand. He was
questioned by Gen. Meeks. Sharpe
is a tall, athletic, dark man, of mid
de a;.e, hair sprinkled with gray and
piercing black eyes. He said he had
been .constable three terms, sheriff
two terms and representative one
term. He said he was away from
Nashville for two days preceding the
shooting. having gone to St. Louis at
the reqluest of Governor Patterson to
oet the laiuer's son,. who had enlisted
i the ar:ny. Sharpe said that being
ired f:t m thij trip hie slept until
nearv 11I a. m. the day of t.he shoot
in;;'.nHe did not see the Coopers the
morin peOeding the shooting nor
th i +h befre and hna not comn
munieated with either of them the
night before or that morning.
."I saw Col. Cooper in the Maxwell
House about 3 p. m. that day, "
Sharpe testified. "I spoke and pass
ed on.'"
"About 4 p. m. I met Representa
tive Matthews. While there talking
the Coopers came up."
"Was there any agreement to meet
there?''
" There was not."
"What happened?"
"Col. Cooper asked me to go to
the Governor's Mansion, and I agreed.
We walked.'"
Carmack's Name Not Mentioned.
Sharpe said Carmack's name was
not mentioned on the walk until Rob
in saw Carmack, and that then Robin
tried to get his father away. Sharpe
said that he turned and walked to
ward his own house. "When about
half way across the street," he said,
he turned and looked down the street.
"Why did you look- down the
street?"
"Well, many things .came to my
mind. I knew there was an unpleas
ant feeling between Col Cooper and
Senator Carmack. His son, Robin,
had betrayed anxiety to get his fath
er away. I turned to see what might
be the result of the meeting. I saw
five people. Robin was in the street.
I saw the senator step out towards the
curbing, his hand thrown back to his
hip pocket. When he got in my line
of vision again, outside the pole, I
saw he had a pistol in his hand. As
Robin got near the pole Senator Car
maek fired. Carmack shot twice."
"What did Robin do?''
"He jumped inside and swung
around the pole.''
"What did he do I
"He shot three times."
"What then?''
"Carmack fell after the third
shot.'
"Where was Col. CooperI
"Standing near the pole."
"Did you meet a young lady I
Met Miss Skeffington.
"I met Miss Skeffington a few
minutes after the shooting. She said
what is that?' I said 'shooting.' She
said who is ahooting? I said 'between
Col. Cooper and Carmaek.' A minute
later she said: 'Mr. Sharpe, you are
jesting;' I said 'no, I am not, and I
fear Mr. Carmack has been killed."
Sharpe said he was not armed that
day and does not own a pistol.
"Did you bear Senator Carmack
any malie?"'
"None, sir. But I opposed him
very strongly in his campaigns.''
"Were you friendly?"'
"Personally, yes. He called me
EWart
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After the noon recess the direct ex
amination of John D. Sharpe was re
sumed. The witness denied specifi
cally ever having said that Carmack
should have been dead and in hell for
twenty years. He had probably said
some hard things about the senator's
political methods.
"Take the witness," said Gen.
Meeks.
Gen. Garner's first question elicit
ed that Sharpe and the Coopers were
close friends. The witness declared he
never saw the revolver Robin Cooper
used until the boy was shooting it,
and had no knowledge of Robin Coop
er or Robin Jones wanting to bor
row a gun. The State's theory is
that the automatic revolver is John
Sharpe's, and three times it has had
the number on the gun -entered in the
record.
Worked for Patterson.
Sharpe said he went out in the cam
paign for Governor Patterson and did
a great deal of work for him. He
said he ,never had any private con
versation with Carmack and never
heard him discuss the Coopers.
'"If the Coopers and you had kept
on nort-h. there would have been no
killing at the telephone pole?"'
"Not at the pole, no, sir."
"You felt so apprehensive of trou
ble that you broke your promise to go
with Col. Cooper to the Governor's
Mansion, and started Jome?"
"Well, yes.''
The defendant fought off these
questions, but Gen. Garner pounded
them and repeated them half a dozen
times.
"Those shots were fired very rap
idly, were they not?'"
"Yes, close together."
"So the shots went into Carmack
all at once before he fell?''
"No. After the first shot Cartack
turned his head around and began to
fall.''
"You saw it all. You saw Car
mack dead and the son of your best
friend shot and you went home?''
"I started ihome. I intended to
tell my wife what had happened and
return to the scene.
"Here is Senator Carmack's revol
ver, the one found near his body. It
is a dark pistol, yet you say on that
loudy day you saw this pistol at that
distane?"
"I did."
"And you saw Robin's pistol also;
a dark one?''
"I did.''
(Continued on page seven.)
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