Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

he mm ml WTVmHVfiH OPENS FOIl| THJi STATIC 111 Aniwiwt Wag a Bluer Arraign t Deffeadaats, Oouphd With IVMMMUloa off Kfidence. MastovtUo. Tean.. March ? ?After <3ep*- J*ehugh had completed the epeatag argument for the State this the caee against Col. B. Cooper. Rebin J. Cooper John D. Sharp, charged with the off former United States Sen si. W. Carmack. Judge William ordered the jury withdrawn and thanked the spectators for tholr good ^MBsMT* Capt. Pi tab ugh made a strong and striking argument It lasted over Are hours, and when he cone uded he smss exhausted. The court room was stacked to suffocation, the Ventilation was poor and even the spectators felt Use effects of the vitiated atmosphere. Ulishuch t. a dramatic orator, and ?fie eacrtrtons left him nearly a physi? cal wreck when he concluded. The young Ifmiphis attorney's speech is ?om?id< red a masterpiece of logical argument end bitter Invective and it toed a noticeable effect upon che ju *>m. who leaned forward and listen? ed brei*ihksAl> to every word s.H>k Pltshugh was a close friend of dor t'niru-uk, and he 1? In the etM at the special request of Mrs. Cnraencs. Ilia peroration waa eape euailjr dramatic ?"There will be many arguments to you." he said, "to touch your Tau will be asked to be gen? au? sympathetic. They will to yea of this 'boy.' Why. gentle he Is t? years old, and some of greeteet achievements of men share freest accomplished before they It And they will point to Cot as a gentleman of the old school, as the 'last flower of the old ?eethern chivalry.' Do you believeT Was toe a gentleman when he used that awfel language In the presence Off Miss Lee? And when they talk to iron off sympathy, just look over 'these. You see In sable garments the ?Bist?er off K. W. Carmack. Tou see oa Isar arm the 10-year-old boy, who was the pride off K W. CarmacVc Ufa. Did Duncsn Cooper or Rorvn Cooper think of this widow or this Jhcjy wtoest they shot down ths hus ?hsssd or the father? Would It n >t hare beta better If Robin Cooper, In teed off shooting the eenator, had i ?siel to has father, 'Father, do not kill the father off this little boy, do not ? alay the husband of thus fond wife. \ host he dttl not. Tuu question Is to l le doctord hy you. If murder Is to le eosneaitied In the streets of our without (ear of punishment, cm tssl who will be the next victim? \try liberty of the press is at | Stake, the security of the comm >n gssoplo It all rests with you and lu? te year to*?rt* I place it unreiervedl/. CWnlhsnen. I thank yon ' After the necessary preliminaries In 1 rar en ting the State's caee. Capl. lltahoeto said ~1 rave shown you mat It hi mur ?o>r whrsj a mtn isi.os a life upon i ami u *% impulse How much moro ;? Is inn<*er wh m il m? n's heart Is *o fell off malice and revenge that he Span,1 * sll day Sundsy snd most of Iflensnsf rtevtong tr* wsy and means ??ff taking tb ? life of the man he hates **> bitterly ' Cept. rn'tvi.-.h then took up the threat* ef Col. Cooper against Car mars With dramatic force he re |>eated Cooper's words to Cralg: ** *1f my name appears in The Ten ileasess again, Csrmack or I muat 4 lie.' "Ttolak of it, gentlemen, thla man 'arho La a sell confeated lobbyist for a trsekroad. this man who la charged by (reputable oen with having embessb d isjr Inlrunted to his care; this man name had been bandied about <ttoe attete. this man whose dark and ?as ways have now been uncover dared to aend to sn honest and it journalist the threat that If name sppeared In The Tennes? see* again, one of them must die. Thlok ef M "Aaii urtoen the tragedy was over Che ?Weadaats began to look for a ?ease Aad what did they find? That Senat<*r t'aimark had referred to "ttoat little bald-headed angel Dune sr.* Had asked did the angel eram shove or below, and was the smell of sulphur on hh wtswseT Ttoe speaker said Cooper never ob toscted ta the alleged remarks of Car snare aatd sfler the murder. H> t ild his ?on that "day after ilaj aaeae was used In The Tennes ssl thai Carmack wan shooting srrowa at him and that It toeceniMc unendurable." They it ?m\.f thr??e edltorluls here one ef them wm written October 31, vatltlse "An Awful Threat." ehj?ried to this because his wee mentioned In connection Haa Murray and two others, off etoese. he swore, had been In? set ceavtcted. and the other, aahl. was a gambler. He had to the nest day that the man he Indicted had not been. And ? as for the gambling, why, the colonel I has been a gambler himself. But it la not on record that he ever paid a debt out of hie large winnings. I "Now the second editorial appear-1 ed the same day and it never men? tioned Cooper's name?it simply at? tacked the machine. Cooper, In his note to Carmack, aald: 'I am a pri? vate citizen,' yet as soon as the ma chine is msntionsd this private citi? zen roars out In anger. "The third editorial produced by the defense appeared on Sunday. No? vember 8, and was entitled 'Across the Muddy Chasm.' This editorial simply repeats the charges that Qov. Patterson and Qov. Cox had made against one another and says Col. Cooper Is entitled to credit for bring? ing the men together. "All these things had been printed In other papers and Col. Cooper ad- I mltted It. Yet he never grew angry 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- I duce them. They lose them. There Is no original but an alleged copy of I a copy for your Inspection." Fitzhugh passed to the interview wl'h 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 I great coalition," with "grafting the dead bough upon the living tree and making it bloom and burgeon with I golden fruit," etc. Capt Fitzhugh ex? plained the editorial word by word and said that it was humorous and bantering. "And, gentlemen, this editorial 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 Mis* Lee ss "a pure, good girl, who gave up a splendid position rather than that truth should be trampled upon," Fitzhugh continued: "Senator Carmack was coming upl the street totally oblivious of the danger. When In the act of pay-1 lag chivalrous homage to a lady he sees the father, who had threatened to hill him on sight, approaching him from behind a woman and the son circling around to get behind him. Now, gentlemen, would not you have felt that your life waa In danger? He I hears a voice and 1t says: 'There you are. sir. We have the drop on you.' Of course he made a movement to draw a weapon. Who had told him Col. Cooper had changed his mental attitude?" John D. Sharp next cams In for his share of Capt. Fltxhugh'a brilliant satire. "Listen to Miss Skefflington. She says, and her character is unlmpeach ed and unimpeachable?she says when she asked John Sharp what I that shooting was. Before he turned around, he said: 'That Is Col. Coop- I sr ahooting Carmack.' Why should he say that. Because he had knowl edge In advance that Col. Cooper was to do at least part of the shooting. He waa brought along to be a witness to the killing, to testify for the de? fense, and he is as guilty as a prin-1 clpal." Fitzhugh described Sharp's walk? ing back to the scene of the crime, I his leaving it, and again returning, I and attributed his action to the strange fascination which draws a criminal back to the spot upon which I the crime was committed in spite of I himself. He next attacked the defense's! theory. He declared that they first I tried to urge justification on the ground that the editorials were provo? cative of trouble, *hen abandoned It and pleaded self-defense. He attacked the story Robin Coop? er told of the fatal shooting and claimed it was a physical Impossibili? ty for the dead aenntor to have been standing as Robin jays he was, and then receive two billets through the heart and one directly in the centre of the back of the neck. 8. D. Binning, since arrested for perjury, and other witnesses whose testimony was impeached, were bit? terly assailed. Capt. Fitzhugh closed at 3.50 p. m . having ?poken five hours and ten minutes, and court was adjourned un? til 9 o'clock tomorrow, when Qen. Meeks will address the jury. Naahvlle, Tenn., March 9.?The un? written law v?aa extended today to cov? r editors who attack private or public men by Oen. Meeks of coun? sel for the defense In the Cooper Sharp trial for the murder of former United States Senator K. W. Carmack. The sensation was sprung during Gen. Meeks' speech to the Jury, l'revlous ly he had expressly disclaimed the belief that any editorial attack Justified killing the writer. But when warmed up to his subject, with | burst of elo? quence, he said: "You talk of the liberty of the press. Gentlemen, no man lives who believes more firmly In the liberty of the press than I do. but when a man In an editorial position turns the lib? erty of the press Into license and un dertakes to defame and defile you and your family, what are you going to do? The prosecution will tell you you have your recourse in the court::. Yes, and you get a Judgment for 12.*, 000 against a man not worth the price of a plug of tobacco. Is that satisfaction ? "Oh, gentlemen, I tell you, thv streets of this, our city, have run red before with the blood of men who improperly used other men's names in public prints." Gen. Meeks devoted five hours to the speech. }f.e painted the defend ants as the finest type of Southern aris? tocracy and breeding, declared no crime had been committed when Sen? ator Carmack was shot to death and closed with a dramatic appeal to the iury to "turn lotMrl this gallant old soldier," Col. Cooper. So great was the throng which tried to crowd into the court room this morning that the architect of the building appealed to the judge and declared that there was danger of a serious accident. Judge Hart hurried? ly sent deputies Into the corridors \ and soon cleared them entirely. Gen. Meeks began by saying that Co'.' Cooper was shamefuVy treato?' by Capt. Fitzhugh yesterday. "Ht accus d hint." said Meeks. "of not paying Ithl debts. They tried to matt?) you vlievc that lie embezzled funds, as master of chancery. What ha* ihat to do with the killing of Car raackf* "The State has charged," said Gen. Meeks, "that the defendants knew the route that Senator Carmack daily fol? lowed and the time that he left for his apartment. Now, how could de? fendants know this time or route? Senator Carmack's own stenographer said she did not know where Senator Carmack lived." As to the Carmack editorials, Gen. Meeks said: "When a man sits as Carmack did behind .he editorial counter of a newspaper and writes, day after day, editorials that attack and assault a man, who Is not himself in an edi? torial position, he becomes insulting and there Is no greater insult possi? ble." The attorney next went into the in? cident of the pistol scabbard found in Senator Carmack's overcoat pocket and denounced the State's attorneys for insinuating that the counsel fo> the defense "placed" the scabbard Cm re. He said the Stac. knew that Maj. Vertrees loaned Senator Car? mack the revolver with the scabbard on it. "We have proved," he went on, "that the meeting of the parties was purely and undoubtedly an accidental encounter. We hold that the guilt or Innocence of these defendants must rest upon the state of mind they were In at the time the meeting took place. Counsel described the note which Cooper indicted to Carmack, but did not send, and said: "That note was to be the declara? tion of war and until that note was sent by Cooper and received by Sena? tor Carmock, Cooper understood and Carmack understood that there was to be no trouble, and that note was never sent." "You are not trying common thieves or murderers now, gentlemen. You are trying men who come from an 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 stenographer, 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. Cooper was not called back. Now, even If it were material, we have four witnesses against her, who swear that he was recalled?Gen. Brown, Gov. Patterson, James Bradford and Rob? in Cooper. Yesterday Capt. Fitzhugh arraigned this old white haired sol? dier for using vile language in Miss Lee's presence. Miss Lee herself said that Cooper was in another office when he used that language." Gen. Meeks next took John Sharp's case. He asked the jury if they were going to hang a man because he said Carmack "should have been dead and in hell 20 years ago." He declared there was no evidence against Sharp to connect him with the killing. "The State declares," said the gen? eral, "that these defendants must have known that Senator Carmack would pass the point at which they met him at the time they met him Well, why didn't they prove it? Sen? ator Carmack stopped at the d 111(1 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 he would never have met the Coopers. The con? spiracy cn?e, gentlemen, is foolish, un? reasonable and impossible." Gen. Meeks argued that Col. Coop? er, huving decided not to press ills demand upon Carmack, walked OVO? to talk the matter oyer 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. "And he never even drew his gun when he Haw his own son engaged In a duel with his deadly enemy. How do I know it? From the State's star witness, Mrs. Eastman, who never told anything favorable to defense and told everything she knew agninrt the accused. But she says when she turned around that she saw Col. Cop? er standing with hands extended, em? pty "There is nothing in any one' testi? mony, except Col. Cooper's, that Col. Cooper ever drew a gun. He said he did, after the shooting stopped, and asked why, he replied: "To kill Car? mack, if he killed my son.' " He declared Mrs. Eastman was frightened and hysterical and could not remmber all that actually occur? red. He then went to the defense of Binning, the witness arrested on a perjury charge, and asserted with vig? or that every word testified to by Bin? ning was true. He described Binning as an old farmer, illiterate and poor, who told only the truth. "We say," said Gen. Meeks, "that Col. Cooper went over to Carmack with his hands open, as he had a right to do; that he committed no overt act; that Carmack met him with drawn revolver, belching flame and bullets. We claim that when Robin saw the deadly weapon he jumped in front of his father and took the two bullets aimed at the lal tor. We claim that then and not un? til then, did Robin open the and kill? ed Carmack as the latter was trying to shoot him again." Gen. Meeks quoted at length from authorities as to the doctrine of self defense and what constituted an overt act and concluding with an appeal to the jury to study the evidence care? fully. "We regret the death of any one. But in our regret for the dead we should not do the living an injustice. "I ask you, gentlemen, to bring in a verdict of not guilty against these defendants. Turn the old man loose and let him once more meet upon the streets the remnants of that old band that went with him in the early six? ties. Turn him loose and let him meet and shake the hand 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. DU RANT TO BE COLLECTOR. Has Accepted Offer, It is Said, and Taft Is Ready to Nominate. Washington, March 9.?From a source close to the fountain head the tip was given the Evening Post cor? respondent here this morning that Mr. E. W. Durant, Jr., has been offer? ed the Charleston collectorshlp, and it is understood that he has accepted* His nomination may go to the senate early next week. Mr. Durant is a Yale man, a personal friend of Pres? ident Taft. The s 'ection of Mr. Du? rant is said to give general satisfac? tion. He is a Republican and al? though not a native of the State, his interests are bound up in South Car? olina. He is reputed to be a man of strong administrative ability and his friends say he will make an excellent collector. Postmaster Harris was introduced to President Taft today by Frank H. Hitchcock, postmaster general, and tho Charleston collectorshlp was briefly taken up. President Taft has expressed an intention not to make any more appointments for a week until he can get rid of the crowds clamoring to see him and shake hil hand. South Carolina politicians in the city including Loom is Blalock, said today of the report current that Post? master Harris expects to become dis? penser of South Carolina patronage and that he is to be backed by Mr. Hitchcock that they do not believe the report and think that the friends of John Capers will block the game which means that Mr. Capers will be shorn of the distribution of all pat? ronage. As the first step in the building of a strong Republican party in the State up Mr. Harris is to ask for appoint? ment of Mr. Durant as collector. The settlement of the matter is far-reach? ing to South Carolina politics and the appointment may be the first In the line of building up a strong Repub? lican or Taft following in the State secretly, if not openly backed by some able Democrats.?Charleston Post. ROBSON'S ASSAILANT STILL FREE. Negro, Who Partially Blinded Char? leston Dentist in Washington Not Arrested. Washington, March 9.?Inquiry made today brought out the informa? tion that so far no arrest has been made of the negro waiter who as? saulted Dr. Lonnig E. liObSODi a member of the German Fusiliers, in a restaurant in this city last Thursday night. The negro, it is understood, Is well known to the police officers, as well as to the restaurant people, and there Is considerable mystery sur? rounding this phase of the ease, It Is understoood that one of the pro? prietors of the restaurant, where the assault took place, recently operated a similar place in Charleston. IHE 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. The price remains the same as when it was published once a week only?$1.50 a year. At this price the Watchman and Southron is the cheapest and best family paper within the reach of the people of Sumter and adjoining counties. It gives twice a week the local, County, State and general news in a condensed and readable shape, as well as many timely special articles on farming, household and other topics. Mr. E. W. Dabbs, President of the Sum t?-r County Farmers* Union will have editorial direction of a .special department devoted to Farmers' Union News and Farming, that will be particularly interesting. The Watchman and Southron should go into every home in this section of the State, and those who are not now subscribers can easily bo induced to -ubseribe. As an inducement to those who have spare time to solicit subscriptions for us we are offering a number of valuable premiums for lists of new subscribers and we want agents in every neighborhood in Sumter, Lee and Clarendon Counties. ALL PERSONS who desire to do so, whether they live in Sumter County or elsewhere, are cordially invited to act as subscription agents. All will be entitled to participate in the competition, will be paid for their work in pre? miums, commensurate in value with the value of the work performed or in cash, as they may prefer. The price of Subscription is $1.50 a year, or 75 cents for six months?and may be sent in one, two or more at a time, with or without the cash, to suit the convenience of the agent, but for an old name to be connted for a pre? mium the subscriber must pay up all arreage and one year in advance. HERE ARE THE PREMIUMS. FOR THREE NAMES?A Red Midget Stylo Fountain Pen; a two Blade Pocket Knife, or an Ingersoll Watch. FOR FOUR NAMES?A Fountain Pen with 14k solid gold pen; a Three Blade Pocket Knife o<r one year's subscription to either of the following Maga? zines; Bohemian, Metropolitan, Argosy, Cosmopolitan or The Delineator. FOR FIVE NAMES?A Diamond Point Fountain Pen, a year's subscrip? tion to either of the following Magazines: McClure, Munsey or Woman's Home Companion, Saturday Evening Post, or a Stem-Winding Nickle Watch. FOR SIX NAMES?A Waterman's Fountain Pen; Stem-Winding Nickis Watch; a year's subscription to Ladies Home Journal or Review of Reviews; a fine Razor; Pocket Knife; Baseball Mitt; or Ball and Bat. FOR EIGHT NAMES?A Guaranteed Stem-Winding Open Face Nickle Watch; a fine Razor; Catcher's Mitt; A Waterman's Fountain Pen; a Teach? er's Bible. FOR TEN NAMES?Single-Barrel Breech-loading Columbia Shotgun; Gold mounted Waterman's Fountain Pen; Guaranteed Stem-Winding Nickle Watch, either polished or oxydized case; a fine Catcher a Mitt, or any other article of equal value. FOR TWENTY NAMES?Ten Year Gold Case Trer.ton Watch: Hopkins & Allen 16-shot Repeating Rifle; Single-Barrel Special E'reech-loading Shotgun; a fine Toilet or Washstand Set FOR THIRTY NAMES?20 Year Gold Open Case Elgin Watch; 22-Calibre Winchester Repeating Rifle; Double-Barrel Shotgun, or any other article of equal value. FOB FORTY NAMES?Union Arms Co., Double-Barrel Hammerless Shot? gun. 32-calibre Winchester Repeating Rifle; 20 Year Gold Case Elgin or Wal tham 7 Jewel Watch, or any other article of equal value. FOR FIFTY' NAMES?Ladies Solid Gold Watch, 20 Year Gold Case Elgin or Waltham 7 Jewel Gentleman s Watch; Hopkins <fc Allen Double-Barrel Hammerless Shotgun. FOR SEVENTY-FIVE NAMES?$35 Ithica Double-Barrel Hammerless Shotgun; a New Ideal Sewing Machine; a 20 Year Double Case Elgin or Wal? tham Watch. FOR ONE HUNDRED NAMES?A Smith or Fox Double-Barrel Hammer? less Shotgun; a New Home Sewing Machine; a Solid Gold Waltham or Elgin Watch. TERMS AND CONDITIONS. THE CONTEST BEGINS NOW and will come to a close on June 1st, at 6 o'clock p. m, sharp. Each agent will be held individually responsible for the payment of the amount due on all names returned by him or her. Where it is desired to stop a subscription before the close of the Club contest, the Agent may do so by paying the amount due at the time of such stoppage. Where a subscrip?on has been paid in full, It cannot be discontinued. The Agent however, may, if he sees proper, transfer the unfulfilled portion of the subscription to another subscriber, provided the person to whom the transfer is to be made was not a sub8ciber at the time the original name was entered on our books. No name will he counted in competition for a premium until the subscrip? tion price has been paid, nor will any premium be delivered until the Agent has either paid or made satisfactory settlement for all the names sent in by him or her. In cases of contention by two or more Agents over the right to a name, preference will be given to the one who pays for the name FIRST; but where both pay.we shall not attempt to decide the matter except by crediting the name for one year for each such payment After a name has been entered on our books, no transfer will \*e permitted. This is positive and emphatic, and where Agents attempt to make such trans? fers, they must concede our right to take such steps as may seem necessary to protect the fairness of this provision. The Agent who returns names must pay for them. Any and all Agents will havt the right to Get Subscribers Wherever They Can. It is not necessary that ill the names shall go to the same postolhce address. All subscriptions must be forwarded to us at the expense of those sending them, nnd we will be responsible for the safe transmission of money only when it is sent by Draft, Retristered Letter, Express or Postoffice Money Order. In sending names, Always give correct name or initials, and present post oflicc address, and if possible say whether the subscribers are NOW taking the paper. Careful observance of this will be the means of avoiding much trouble and confusion. OSTEEN PUBLISHING CO., 18 W. Liberty St. Sumter, S. C.