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TK COOPER TRIAL mtmVtXli SPECTACLE IN NOTED NAAHVIUUK OASE. MoTtieeISSl OAaegow, Who Per Autopsy on Oarmack's ly, for Proneoutlon, Bought By the l>efeaae From the State, em* Tirt?m Thai Any One of the Inflicted on Car mac'; Have Produced Instant Nashville. Tonn.. March 1.?The tpsotsuto ef eounael on one Hide not Sfity setting a wltneas to the Opposi? tion, hut haggling over the term* waa oa* ef the elevating and extraordinary Incidents today In the trial of Col. D. WL and Reeln Cooper and John D. Sharp, for the slaying of former Uni? ted 8tate? Senator K. W. Carmaok. The subject of the commercial trans? action was Dr. McPheeters Glasgow, at* ef the moat eminent surgeons of the State who had been employed by tlie prosecution to go to Columbia ?sat pat fscat sn autopsy on Senator Osraaaok's body. He did so snd Sorted his Oedings to the prosecuU Me was subpoenaed by the State, hut waa not used. The defense learn ad of the autopiy and summoned the Naw Dr. Olaegow Is s very ethical ana*.. He told counsel for the de? feats that his Mr /ices as an expert hsd seen retained by the State, and that hs would not discuss ths au eacept with the attorney gen ftse defense ssked ths court g to Instruct the doctor to SO Ms counsel. The court com ndeM partially by telling the doctor thst It would be proper for him to talk with the defendant s attorneys If a* had say Information that would far vw light on ths killing. The State objected and the doctor The State suggested that the de r<uess swear the doctor snd put him <>n ths ataad. The Set aas? resented the suggestion aad declared K would put witness on tue Staad without knowing to ha would testify. the State's counsel made this astaaadatg proposition: That If the defense would pay the Stakt the coats of the autopsy. Includ? ing Dr. Olsagow's fee. the State would wahrt Ms rights defense Anally "bought the as the bad/' and Dr. Glasgow recasts their witness. Thti significance of Dr. Glasgow's eSisiemy was that any one of the i awe wounds wss necessarily and In aatSg fatal aad that tf ths senator ? i at not are the drat shots hs could net hare nrsd st all. Ta* oaly other sensational wltneas of the dar )ras 8. J. Binning, who -r uvlsaed to have seen Senator Car ? tmck aa*ertng his revolver and teet o>g Che evllnder a few minutes before thai shooting began He wss badly ?ifused on cross-examination, how? ever, aad contradicted himself on mala/ smpertaat points. The defense called Dr. O. B. Ed? en the Or st witness. He made X ray photograph of Robin Coop shoulder. The doctor was called i te qualify as an expert by tell uaat an X-ray was. Ho did so In 'iithc terms, te the great d;sgust I he jury, which Is not abov? the laarx^ Intelligence. He produced X-ray photograph of Robin's ilder, disclosing no bullet. Os creas-examlnatlon Dr. Edwards ha wsa of the belief, from the on Robin's shoulder, thst the fillet never entered the body but anovHy ploughed through the flesh. Dr. McPheeters i Olasgow was then nailed by the defeVise. Describing the wounds on Senator Chruaack's body he said: "There was one wound two Inches halo * the left nipple and one Inch to the melde. The bullet paseed through ths? heart. Pour and one-half Inches aw the right nipple and one Inch de was a wound, from which a Ust had been taken. An inch from toft median line of the neck was iier wound, which was blsck. Tho m) were clesn. Ths bullet came of the mouth, two teeth being ned sad held by the lips only." Th" State reaerved the right to Stows ??aenlne William Kenney, a traveling sales aaaa. the next wltneas, heard ths 8h?sta Two name together and were Baud, ha said. Then there was an In? ters aad three shots came rapidly. R H. Wright, a mine promoter, ?dorntSea the automatic gun that Rot? m Cooper used. He said he car tt wVea at the mines and loaned tu ReMn's uncle, Robin Jones, who swad It for the boy. Hs said he wtlSed the weapon now by general aaee. The State still contends that thai gun la the property of Ex Ahertf? John D. Shsrp. Dr. U L. Csrpenter testified thst on Rat or is v he took two revolvers?the sxatomatlc and one similar to the one iah Is ssld to have used?and mewted as to ths loudne** of Ir reports. **At fifty feet the difference In the stsmI was appareat. but not marked," i said. "The larger revolver mad* mvre noise, while the automatic was not so loud, but made more of a sharp crack. "At 100 feet the detection of the difference in the sound was easier. The further I got awav from the re? volvers the easier It was to distin? guish between reports up to 128 feet, which was as far as I stood." Judge Anderson said they wanted |a use the pistols in the case, "but it was deemed best not to shoot what 1? known as the Carmack pistol again." Henry Chadwell. steward of the .-?Mir-ty asylum, corroborated Dr. Car? penter's testimony. I. T. Rhea a grain dealer, testified trait Attorney James PraJford was arcitsKihed to answer the ph??nc l'.*mse!f. Mise Lee had testified that Bradford never did this until the af? ternoon of the tragedy, thus Imply Ing that s telephone message was ex? pected. Paul Davis, secretary of a land company of which Bradford Is presi? dent, and whose offices are next to the latter's, testified to the same ef? fect. "Did you not tell Miss Lee, when getting the Jury," he was asked, "that you would swear to a He to get on?*' "I did not." The defense called S. J. Binning. He said that Just before the shooting he was walking on 7th avenue. "When I got near the alley," said Binning," I paused to light a pipe, and as I did so Senator Carmack passed me. As I passed over he put his right hand In his pocket and raised a revolver out of his overcoat pocket, his light thumb on the cylin? der, and moved the cylinder around. At the same time he pulled a paper out of the coat pocket with his left hand." "Then what?" "I walked on and In a few minutes I heard two shots. I looked around, as I had passed Senator Carmack. I saw the senator standing in the street." "What did you do?" "I kept a-going. I took one look and never looked around again. I heard two or three shots In a mia? ute." 1 "On cross-examination Binning said he had been in Nashville only twice and came here from Danville, 111. He has lived here two years this ls**t time. Just at present he Is out of a :ob. but until recently had workei for the street railway. * Tou know It was a pistol you saw 8? nator Carmack raise from his pock? et?" L "Tee. I know It was." "Bright or dark pistol?" "A shiny nickel pistol." This was e decided sensation, for the revolver said to be Senator Car mack's la blued steel, while the one taken from Col. Cooper was nickel plated. The State has always con? tended that the blued steel gun found near the dead senator's body was Col. Cooper's. On the other hand. Major Vertrees has sworn that he loaned Carmack a blued steel revolver. Oen. Garner pressed the witness closely on this point and finally com? pletely upset him. The witness said: "May be It was polished steel," and finally admitted he did not know what polished steel looked like. "Tou did not see any one else and heard no remarks until you heard the shots?" "No. I did not." Witness said, however, that he saw a negro about the time he first saw the pistol In Carmack's pocket. "What did you see when you look? ed around?" "1 saw people moving about pro? miscuously, a woman jumping to wnrds the fence and a young man with h s hand against one of the poles." "8eni.tor Carmack's right side was toward you?" * Yes, sir; It was." "Did he have a revolver In his hand?" "I did not see it." "Carmack was standing In the street and did not have a revolver in his hand after the two shots?" "I did not see It, I said." Witness said there were two shots, then three followed in quick succes? sion. Garner next took a plat of the scene and had the witness point out where he was when he saw Senator Carmack testing the cylinder of his revolver; where he was when he heard the shots fired and where Car? mack and the others stood when he took that one look over his shoulder. 'Did you speak to the negro?" "He asked me what it was, and I said, 'Senator Carmack must be In some shooting trouble over a woman; I saw a woman there. The negro said he did not know any one. I walked on. missed the man I wanted to see at the capttol and went home." "Tou never inquired who was shot, who was hurt or who the woman at the shooting was?" "No, sir; I did not know until the next day, when my daughter read It." The State desisted after a few more questions as to the location of the principals. It was nearly 5 p. m. then, so Judge Hart ordered court ad journed i ntil 9 a. m. tomorrow. Nashville. Tenn., March J.?The defense rested Its case in chief today in the trial of Col. D. B. Cooper, Rob? in J. Cooper and John D. Sharp for the slaying of former United States Senator Carmack, reserving the right, however, to introduce new witnesses on any issue which might develop. A moment later Attorney General Mc Carn for the State asked an adjourn? ment to 9 a. m. Thursday In order that absent witnesses might be brought on, which request was grant? ed. I The testimony today was very tech? nical. Dr. Glasgow was recalled to describe again the wounds on Senator Carmack's body. Dr. Duncan Eve was then called to say whether or not the wounds described by Dr. Glasgow would have been instantly I fatal. He said they would. I Adjutant General Tully Brown, who I attended the conference In Judge I Bradford's office an hour before the I shooting, described what took place I there, as did Judge Bradford himself. I Gen. Brown was not cross-examined, I but the State did not et Judge Brad I ford escape. The prosecution concen I trated Its fire upon the part he play? ed In preparing the famous statement for the press the night of the killing. I Judge Bradford said he was at the police station that night, saw W. J. Ewlng, editor of The American, there I with a stenographer and heard sev I eral men giving information. He de I clared, however, that the only part I he took In the affair was to write out I in long hand all the facts in the case I of which he had a personal knowl I edge. This memoranda he gave to I Ewlng for use in the press. Later I he prepared a brief which contained I the theory of the counsel for defense I as to how the shooting occurred. He I claimed he always was friendly to I Car..lick and denied that he was I waiting at the telephone that after I noon for a message to come telling j of Senator Carmack's death. The first witness, today, Dr. R. L. I Thompson, testified that Carmack en I tered his drug store for a soft drink land a cigar about five minutes before I the shooting occurred. The State did I not cross-examine. W. M. Setter, an expert on firearms, testified that the bullets of the Colt's I automatic revolver were not steel I jacketed but were covered with cop I per and then with some hard com I position. On cross-examination he I was asked whether the cylinder of a I Smith & Wesson revolver can be I turned by the finger without pulling I the trigger. "Some can, some can not," he said. I He examined Senator Carmack's re I volver and said it could be turned I only by pulling the trigger. This flatly contradicts the testimony I of S. J. Binning, who yesterday swore I that he saw Senator Carmack testing I his revolver a few minutes before the I tragedy by whirling the cylinder with 1 his finger. W. S. Morgan testified that he met I Mrs. Eastman Immediately after the 1 shooting and that she was hysterical. I He said Mrs. Eastman did not tell I him that Col. Cooper said to Car - I mack, "Now we have the drop on I you." On cross-examination Morgan said: "Mrs. Eastmn was crying and I grabbed the lapels of my coat. She I said that Senator Carmack Jumped in I front of her and that Col. Cooper then I said: 'That Is like a dastardly cow I ard, hiding behind a woman.' " I He said Mrs. Eastman gave him I the impression that Col. Cooper had I shot Senator Carmack without giving I him a chance. Morgan heard only I three shots. Dr. Duncan Eve, in describing 8en I ator Carmack's wounds, said: "If the first wound described?the one in the left side?did not kill him I at once and fell him lnsantly, he j would be prostrated at once by the I shock and would soon die." I The second wound, also through I the side, the doctor said, was mortal. I The third, a wound through the spin I al cord near the bat*e of the skull, he I described as "the most fatal wound J a man could receive." "If a man received this wound, j what would happen?" "All reflexes would be absent and I he would fall dead instantly." I Dr. Eve described how he removed 26 grains of powder from Robin I Cooper's face and neck. If the wound In Robin's shoulder had gone half an Inch deeper, he said, It would have been fatal. The State reserved the right to cross-examine. State Adjutant General Tully Brown was then called. He was for? merly United States district attorney. He described how Col. Cooper decided not to send the note to Carmack. He said that after Col. Cooper and Robin left the office he remained and dis? cussed Italian literature with Mr. Bradford. "We were talking." he said, "when the phone rang. Bradford answered. I saw his face grow white and ho said: 'My God.' I asked him what it was and he said Senator Carmack had shot Robin and Robin had killed Carmck." ROOSEVELT'S ILLEGAL ACT RESULT OF STEEL MERGER IN? QUIRY REPORTED* TO SENATE. _i Seren Members of the Judiciary Com? mittee Hold That President's Sanc? tion of the Purchase of the Tennes? see Concern by the Trust Was Il? legal?Forak er, Nelson and Kitt redge Side With Four Democrats. Washington, March 2.?Seven mem? bers of the senate committee on ju? diciary signed the report declaring that President Roosevelt, without au? thority of law, sanctioned the absorp? tion of the Tennessee Coal and Iron Company by the United States Steel Corporation, and that the merger was in violation of the Sherman anti-trust law. Three of the majority of the committee, however, attached certain Individual views. Under an agree? ment reached In the committee on judiciary yesterday, any views sub? mitted have the standing of individ? ual opinions only. Chairman Clark today reported the disagreement in the committee and soon afterward Senator Culberson presented the views of seven members of the commltee. Those views were signed by Senators Nelson, Kittredge and Foraker, Re? publicans, and Culberson, Bacon, Rayner and Overman, Democrats. The additional views were given by Senators Nelson, Bacon and Foraker. In the opinion of Mr. Nelson the pres? ident was not authorized to permit the absorption, which is declared to have been in violation of law. Mr. Nelson thinks, however, that the pres? ident may have been misled or duped by the officials of the United States Steel Corporation, Messrs. Frick and Gary, who urged upon him the neces? sity of permitting the Steel Corpora? tion to buy the Tennessee concern in order to save a business institution of New York city during the panicky days of October and November, 1907. Mr. Bacon expressed doubt whether the senate should pronounce finally upon question whether the president committed a wrongful act for the rea? son that the senate is judge in im? position that the merger was Illegal, but that the senate should not take peachment proceedings. He takes the any action to prejudice any proced lngs that might hereafter be brought before It. From the report signed and sub? mitted today it appears that had it not been for the illness of Senator Bacon and his absence from the com? mittee yesterday, the report declaring the president acted without authority of law, would have been adopted as the opinion of the committee. In any event Senators Culberson and Kitt? redge take the position that a majori? ty of the committee has reported that the merger was illegal and that the department of justice should proceed against the United States Steel Corp? oration and dissolve It. Senator Foraker declared that he did not think it necessary for the committee to consider whether the transaction was a violation of the an? ti-trust law. He said that the reply of the committee should he confined to the one question as to whether the president was authorized to permit the merger, and that this should be confined to the one question as to whether the president was authorized to permit the merger, and that this should be an? swered in the negative. In view of the fact that representative of the Steel Corporation called upon the president and asked his advice con? cerning the transaction, and that the question also was submitted to Attor? ney General Bonaparte, Senator For? aker took the position that the Steel Corporation should not be condemn? ed for Its action. The disagreement on the resolution was placed on the calendar and will expire with the close of the present session. SENATOR SMITH IN WASHING? TON. Will Take the Oath or Office Nett Thursday. Washington, March 1.?Senator E. D. Smith reached Washington today and will be sworn as South Carolina's junior senator March 4. He came alone, because of lllnens in his family. Mr. Charles M. Galloway, who will be the new senator's secretary, also arrived with his family and is at the Vendome. After being sworn in Sen? ator Smith will return home and remain until the etxra session of con? gress begins on March 15. John Barton of Greenville, was bit? ten several days ago by a mad dog. Charleston, March 2.?The annual commencement exercises of the South Carolina Military Academy will be held next June at Chester and the en? campment, instead of being held on Sullivan's Island, as at nr?t deter? mined, will take place at Chester. A four day march across the country to Lancaster is also scheduled, and after a day or two in that hospitable town the cadets will march back to Ches? ter for the commencement. i THE PREMIUM LIST. Solicit Subscriptions for the Twice a?=Week Watchman and Southron. Valuable Prizes to be Given for Work in Spare Time?Number of Prizes Unlimited. The Watchman and Southron which has been the family newspaper of Sumter County since the days of your grand-parents is now published twice a week?Wednesday and Saturdays?and is the biggest and newsiest county paper published in the State of South Carolina. 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