Historical Newspapers of South Carolina

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ARGUMENTS OPENED. In Cooper Case-Better Arrangement of Defendants by Prosecu tion. Nashville, Tenn., March 8.-After Capt. Fitzhugh had completed the opening argument for the State this afternoon in the case against Col. Duncan B. Cooper, Robin J. Cooper -_!nd John D. Sharp. charged with the murder of Former United States Senator E. W. Carmack. Judge Wil liam Hart ordered the jury with- I drawn and thanked the spectators for their good order. Capt. Fitzhugh made a strong and striking argument. It lasted over five fhours, and when -he concluded he was exhausted. The court room was packed to suffoeation, the ventilation was poor and even the spectators felt the effects of the vitiated atmosphere. Fitzhugh is a -dramatic orator, and his exertions left him nearly a physi eat wreek when he concluded. The young Memphis attorney's speech is considered a masterpiece of logical argument 'and bitter invective and it ad, a noticeable effeet upon the jur ors, who leaned forward, and listened breathlessly to every word spoken. Fitzhugh was a close friend of Sena tor Carmaek, and he is in the case at 4be special oequest of Mrs. Carmack. His peroxation was especially drama '.'TheTe will be many arguments made to you," he said, "to touch yomr hearts. You will be asked to be generous and sympathetic. They will talk to you of this 'boy.' Why, gen tlemen, he is 27 years old, and some of the greatest achievements of men have been aacomplished before they were 30. And they will point to Col. .Cooper as a gentleman of the old school, as the 'last flower of the old Southern chivalry.' Do you believe? -Was he a gentleman when he used that awful langaage in the presence of Miss Lee? And when they talk to you of sympathy, just look over there. You see in sable garments the widow of E. W. Carmaek. You see on her wom the 10-year-old boy who was the pride of E. W. Carmack's life. Did Duncan Cooper or Robin Cooper think of this widow or this boy when oR- o pueqsu-q- aq*4 u.Ap loqs Satq Tather I Woild it not have been bet ter if Robin Cooper, instead of shoot ing the senator, had said to ihis father, 'Father, 'do not kill 'the father of tis ~ttle boy, do not slay the husband of this fond wife,' but he did not. The question to be decided is whether or not tihe law is to be enforced. That question is 'to be decided by you. 'If murder is to be comnmitted in the - streets of our cities without fear of punishment, can you tell who will be the next victim? The very liberty of the press -is ait stake, The security of the common people. It all restst with you and into your hands I place it aeservedly. Gentlemen, I thank you. - After the necessary prelimnaries in presentng'the Stat&o ease, Capt. Fitzhugh said: Malice anud Revenge. "I have shown you that it is mur der when a man takes a life upon a sudden impulse. How much more is it murder when a mian's heartf is so full of malice and revenge that lhe spends all day Sunday and most of Monday devising the rways and means of taking the life of 'the man he hates so bitterly." Capt. Fitzhugh then took up the threa-ts of Col. Cooper against Car mack. With dramatic force hie re peated Cooper's words to Craig:' "''If my name appears in the Ten nessean again, Carmack or I must die.' " Think of it, gentlemen, this man .who is a self-confessed, lobbyist for a railroad; 'this man who is charged by reputable men with hav.inxg emubez zled money intrusted to his'care; this main whose name had been bandied a.bout the 'State; this man whose dark and devisous ways have now been un covered, dared to send to an honest and u'pright journalist the 'threat that if his name appeared in The Tennes sean again, one of them must die. Think of it! ''And when the tragedy was ov.er the defendants began to look for a ~cause. And what did 'they find? That Senator 'Carmaeck had referred to 'that little bald-headed angel Dunc Cooper.' Had asked did the angel come from above or below, a.nd was there t:he smell of sulphur on his win.gs'P' The speaker said Cooper never ob jected to the alleged tremarks of Car 'mack until after the murder. He told his son 'that "day after day his name was used in The Tennes sean and that Carmack was shooting poisoned arrows at himt and tihat it 'was becoming unendurable.'' They br'oughit onl three editorials here and one 2i them *was written October 21. entitled "'An Awful Threat.'' "liIe objected to this beeanse hiS name was mentionled in connectioni 'with Ran Murray .and two others. One of these, he swore, had been indicted nd cnvicted, and the other, h'e said, wI a g:1:nblr. le had to ad,11" thi' 1' next day that the man he swore was indicted had not been. And as for the gambling, why, the colonel has been a gambler himself. But it is not on record that he ever paid a debt out of his large winnings. "Now the second editorial appear ed the same day and it never mention ed Cooper's name-it simply attack ed the naclhine. Cooper. in his note to Carmack, said: 'I am a private eit izen,' yet as soon as the machine is mentioned this private citizen roars out in anger. "The third editorial produced by the defense appeared on Sunday, No-j vember 8, and was entitled 'Across the Muddy Chasm.' This editorial simply repeats the charges that UOV. Patterson and Gov. Cox had madel against one another and says 'Col. Cooper is entitled to credit for bung-i ing the men together. Angry With Carmack Only. "All these things had been prinfed in other papers and Col. Cooper ad mitted it. Yet he never grew angy at any other editor-only Carmack. "But we come to the day before the killing. Col. Cooper wrote some notes-but the defense does not pro duce them. They lose them. There is no original but an alleged copy of a copy for your inspection." Fitzhugh passed to the interview' with ex-Treasurer E. B. Craig and after further bitterly arraigning Col. Cooper .took up the fourth editorial entitled '"The Diplomat of the Zwei bund.'' This editorial credits Col. Cooper with "bringing about the great coalition,'" with "grafting the dead -bough upon the living tree and making it bloom and burgeon with golden fruit," etc. Capt. Fitzhugh explained the editorial word by word and said that it was humorous and bantering. "And, gentlemen, -this editoria ap peared on Monday morning, Novem ber 9, and before the sun set that night the brilliant Edward W. Car mack hAd been slain for writing it.'' After ridiculing the conference in Bradford's office and extolling Miss Iee as 'a' pure, good girl; who gave up a splendid position rather than that truth should be trampled upon,' Fitzhugh continued: "Senator Carmack was coming. up the street totally oblivious cf the danger. When in the at of paying chivarous homage to -ag lady he sees the father, wtho 'had threatened to kill 'him on sight, approaching him from behind a ,woman and the son cirling around to get behind 'him. Now, gentlemen, would not you have felt that your aife was in danger? He hears a voice and it says: 'There you are, sir. We ihave the drop on you.' Of course he made a moveinent to draw a weapon. Who had told him ol. Cooper 'had changed 'his mental attitude?"' John Sharp's Share. John D. Sharp next 'came in for his share of Capt. Fitzbhugh 's brilliant satire. ''Listen to 'Miss Skeffington. She says, and her character is unimpeach ed and unimnpeachable-she says wheni she asked John Sharp what that shootihng was. Before he 'turned around, 'he said: 'That is Col. Cooper shooting Carmaek.' Why should he say that. Because h# 'had knowledge in advance that Col. Cooper was to do a't least part df the shooting. He was brought along to be a witness to the killing, to testify for .the defense, and he is as guilty as a principal.'' Fitzhagh described Sharp's walk ing back to 'the scene of the crime, his leaving it, and again returning, and attributed his 'action to the strange fasination which draws a criminal back to the spot upon which the crime was committed in spite of himself. He next attacked the defense's the ory. He declared that they first tried to urge justifi'cati'on on the ground that the editorials were provocative of trouble, then abandoned it and pleaded self-defense. He attacked the story Robin Coop er.told of the fatal shooting and claimed it was a physical impossibil ity for the dead senator to have been standing as Robin says he was, and then recei've two bullets through the eant and one directly in t'he centre of the back of the neck. S. D. Binning, since arrested for perjury, and other witnesses whose testimony was impeached, were bil[ terly assailed. Capt. Fitzhugh closed at 3.50 p. mn., having spoken five hours and ten mini utes, and cour-t wvas adjoutrned until 9 o 'clock tomorrow, when Gen. Meeks will address the jury. A Hurry Up Call.. Quick! Mr. Druggist-Quick !-A box of Bucklen 's Arnica Salve Here 's a quarter-For the love of Moses, hurry! Baby's burned him self, terribly-Johnnie eut his foot with the axe-Ma mie's scalded-Pa ean 't walk from piles-Billie has boil-and my corns ache. She got it and soon eared all the family. Its th!e greatest healer on earth. Sold byV W. E. Pelham & Son, Newberry, JUSTIFIES KILLING CA.MACK Gen. Meeks Extends Unwritten Law to Editors Who Attack Private or Public Men. Nas.9ville, Tenn., March 9.-The un written law was extended today to cover editors who attack private or public men by Gen. Meeks, of coun sel for defence, in the Cooper-Sharp trial for the murder'of United States Senator E. W. Carmack. The sensa tion was sprung during Gen. Meeks's speech to the jury. Previoasly he had expressly disclaimed the belief that .any editorial attack justified killing the rwriter. But when warmed up to his subject, with a burst of elo quence, de said. '"You talk of the liberty of the press. Why, gentlemen, no man lives who believes more firmly in the liber ty of the press than I do. But when a man in an editorial position turns the liberty of the press into license, and undertakes to defame and defile you and your family, what aTe you oing to doI The prosecution will tell you you have your recourse in th-e nourts. Yes, and you get a judgment for $25,000 against a man not worth the price of a plug of tobacco. Is that satisfaction? ''Oh, gentlemen, I tell you that the streets of this, our city, have run red before with the blood of men who im properly used other men's names in public prints." Gen. Meeks devoted five hours to bhe speech. He painted. the defend ants as the finest types of Southern aristocracy and breeding, declared no orime had been committed when Sena tor Carmack was shot to death, and olosed with a dramatic appeal to the jury to ''turn loose this gallant old soldier,'' CoL Cooper. So great was. the throng which tried to erowd into the court room bhis morning that the architect of the building appealed to the judge and deelared that .there -was danger of a serious accident. Judge Hart har riedly sent deputies into the corri dors and soon cleared them entirely. Col. Cooper Shamefully Treated. Gen. Meeks began by sajing that Dol. Cooper was shamefully treat4d by Capt. Fitzhugh yesterday. "He ae mused him, " said Meeks, ''of not pay ing his debts. They tried to make you believe 'that he embezzled funds as clerk 'and master of chancery. What has that to do with the kialling f Carmiack?" ''The State has charged," said Sen. Meeks, ''that 'the defendants knew the route that Seaator Carmack aily fo:llowed, and the time 'he left for 'his apartments. Now, how could the defendant.s know this time or route? Senator Carmack 's own sten grapher said she did not know where Senator Carmack lived." As to the Carmnack editorials Gen. eek-s said: -"'When a man sits as Carmack did behind the editorial counter of a pa per and writes, day after day, editor ials that attack 'and assault a man ho is not ,himself in an editorial position, he becomes insulting, and there is no greater 'insult possible." The attorney next went into the in cident of .tihe pistol scabbard found in Senator Caa-maek's overcoat pocket nd denounced the State's attorneys for jiniating that the counsel o.Z the efenf ''planted." the scabbard there. -He said the State knew that Major Vertrees loaned Senator Car mack 'the revolver with the scabbard n it. Encounter Was Accidental. ''We have proven," he went on, that the meeting of the parties was purely and undoubtedly a; accidental1 encounter. We hold that the guilt or innocence of -these defendants 'must rest upon the state of mind ther were in at the time the meeting took place." Counsel described the note which Cooper indited to Carmack, but did not send, 'and said: ''That note was to. be thre deelar tion of war, and until that note was sent by Cooper and received by Car mack, Cooper understood, and- Car m'ak understood, that there was to be no itrouble, and that note was never sent." 'You are not trying common thieves or murderers now, gentlemen. You are trying men who co;me from as fine stock as ever human flesh was made of, the best people of the South." ''Why did they put Miss Daisy Lee. Jim Bradford' s strenographier, on the stand ?" Meeks continued. ''I do not say Miss Lee lied. I would not say that about any woman. But I do say that she was mistaken. 'Miss Lee 'alone says that Col. Cuoper' was not called back. Now even if it were 'material, we.have four wvitnesseS ,against her who swear that le was recalled-Genl. Brown, (lover no Patterson, JTamres Bradford and R bnf (Cooper. Yesterda.v Capt. Fitz bah'; arraiigned tis old white-haired sldier for u:ing thle language in Ms Lee's presence. Miss Lee herself said +ha ol oor was in anonher of fire w%Ilen I IIse Id t hat lI nuag. Sharp's Part in the Killing. Gen. Meek took up John Sharp's case. Ile asked the jury if they were going to hang a man because lie said Carmar-k "should have been dead and in hell twenty years ago.'' He de clared there was no evidence against Sharp to conneet -him with the kill ing. The State declares.," said the *eieral, "that these defendants must have known tliat Senator Carmack would pass the point at which they met him at the time they met .him. Well, why didn't they prove it? Sena tor Carmack stopped at the drug store, stopped to help Mrs. Williams on a car, stopped to.(talk to Jordan Stokes. Are these all conspirators? For if he had not stopped to talk he would never have met the Coopers. The conspiracy case, gentlemen, is ?ooljsh, unreasonable and impossi ble." Gen. Meeks argued that Col. Coop er, having decided not to press his demands upon Carmack, walked over to italk the matter over peaceably; that having failed to send the note, which he knew. and Carmack knew, was to be the declaration of war, he had no idea of trouble. Co6per's Purpose Peaceful. "And 'he never even drew his gun when he saw his own son engaged in a revolver duel with his deadly. enemy. How do I know it? From the State's star witness, Mrs. Eastman, who nev er told anything favorable to the de fence and told everything she knew against -the accused. But sh-e says when she turned around that she saw Col. Cooper standing with hands ex tended, empty. "There is nothing in any ones tes timony-exce,pt' Col. Coopers-that Col. Cooper ever drew a gun. He said he did, iafter the shooting stopped, and asked why, he replied: "To kill Carmack if he kiiled my son." He declared Mrs. Eastman was frightened and hysterical and could not remember all .that actually occur red. He then went to the defenee of Binning, the witness arrested on a perjury charge, and; asserted with vigor that every word testified t: by Binning was true. He described Bin ning as an old farmer, illiterate and poor, but who told the trutn. "We say,'. said Gen. Meek, "that Col. Cooper went over to Carmaek with this hands open as he had a right to do; that he .committed no overt at; that Caraeiak met him with drawn revolver, bedching flame and bullets. We claim that when Robin saw 'the deadly weapon he jumped in front of 'his father and took, the two bullets aimaed at the latter. We claim that then, 'ad not until then, did Rob in open fire and kill Carmack as the latr was trying to shoot him again.'' Jen. Meek quoted at length from authorities as to the doctrine of self defence 'and wyhat constituted an overt act and concluded with an appeal to the jury to st.udy the evidence careful lv. "We regret the death of any one. But in our regret for the dlead we should not do the living an injustice. I ask you gentlemen to bring in a ver dict of not guilty against these de fendants. Turn the old man loose and let him once mo're meet upon the streets remnants of that old band that went wi'th him in the early six ties. Turn him .' loose and let ~him meet and shake the hand's of that gal lant gray-coated crew. Gentlemen, I thank you.''" Court adjourned until 9 o 'clock to morrow, when Gen. Garner will ad dress the jury. Facts in the Cause. hicago News. Her Mother-Mabel, dear, do you ever feel timid about asking your husband 'for money?i The Bride-No, indeed, mamma, but he seems to be rather timid about giving it to me. VINOL CORES CHRONIC COUGHS, . CSLOS AND-BRONCHITIS After Other Remedies Fail "I: have been troubled with a chronic chl and bronchitis for a long time and have tried many remedies without finding relief. Through the kind sug gestion of a friend I tried Vinol, and after taking four bottles, am entirely cured." A. H. Wilde, '733-8th Avenue, Minneapolis, Minn. S. McDonald, 147 W. Congress St. Paul, Minn., writes: "I con tracted a severe cold last winter and thought I would never get rid of it. I tried Vinol as a last resort, and It has completely cured me." Vinol combines two world-famed tonics, the healing, medicinal proper ties of cod liver oil and tonic iron, de liciously palatable and agreeable to the weakest stoma.ch. For this reason, Vinol is unexcelled as a strength builder for old people, delicate chil dren, weak and run-down persons, af ter sickness and for Chronic Coughs, Colds and Bronchitis. Vinol is sol in Newberry by Win E. Pelham & Son. Ewart= Perry Company STILL ALIVE AND IN BUSINESS THEY WILL CONTINUE TO SELL All Winter Clothing and Heavy Shoes AT COST COME TO US When in need of anything in Clothing, Shoes, Hats, Shirts, Etc. We Will Save You Money. Thanking the generous public for their past patronage, we respect fully ask a continuance of same, promising to give in return a fair and square deal to all. 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