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m SCMTKR WATCHMAN, Conaolldftted Auf. S, 1881 C be ffllatt bman anb SootjiroiL Pabllabed Wedn4?day and Saturday ?BT? OSTCEN PUBLISHING COMPANY SfJMTHR. 8. a Im 11.10 per annum?In advance. Advertisements: One Square first insertion.11.00 ?very subsequent insertion.10 Contracts for three months, or longer will be made at reduced rates. All communications which sub aar re privat? Interests will bo charged for aa advertisements. Obituaries and tribute* of rameets will be charged for. TBE COOPER TRIAL. ATTORNEY GENERAL McCARN PAR ALONG WITH HIS SPEECH. Clash Between the Sheriff And the Chief Attorney for State Narrowly Averted on Account of Charge* That the Coopers and Sharp Have Enjoyed Special Priv Itagcn aa Prisoners. Naahville. Tenn.. March IS.?A per? sonal clash between Attorney General McCarn and Sheriff Sam Bur urn was narrowly averted, after court ad? journed this afternoon in the Coop? er-Sharp trial for the murder of Sen? stor Carmaek. In his argument to the Jury this afternoon. McCarn charged that the Coopers and sharp had never occu? pied cells, that they enjoyed special privileges and that In granting these privileges the law was violated. Some one told Sheriff Borum of the charges, and when McCarn started to leave the building he was confronted by the big sheriff. "I understand. General," the latter began. ' that you say I have accorded to the Coopers and Sharp privileges I do not extend to other decent white prisoners. If you said that you told a falsehood." There was no mistaking Borum's aasantag. Ha was angry, and he is known as one of the gamest men In the State. McCarn. too, while small lit statue, has proven his courage in several inrtances. Before he became a lawyer, he was a cowboy. He step? ped up pretty close to the sheriff and aild coolly. "Be a little careful what' you say Sam. I said you had violated the law of Tennessee in permitting prisoners to confer together without an officer being present." A friend of McCarn's whispered to him * Remember. General, the sheriff Is armed. ' * McCarn's friends hustled him away. Borum said he tret ted the Coopers as he si way n "treated gen^emen who are unfortunate enough to be com? mitted to my custody." Borum aald he had told Sharp he must n&t go to Col. Cooper's room, and that he relied on Sharp as an ex sheriff and a gentleman not to do so. Borum said he did not keep Robin ? separate from the others. The boy was Just recovering from a wound and the old father had begged him "don't take my boy away from me. So he put them together. He said McCarn is under Indict? ment now for carrying a revolver. Gen. McCarn Ave years ago was the head irf the secret committee of one hundred, which closed up dives and gambling houses and forced the sa? loons to shut their doors on Uund</. The liquor mm secured his Indict? ment for gun "toting." but tue case was never pressed. It was expected that the arguments would be concluded by tonight, but Gen. McCarn declared ne was ex? hausted about & p. m.. and asked an ad ournment until Monday at 9 a. m. This was granted. McCarn will conclude then and the case should each the Jury by nightfall Monday. Judge Andenton resumed his argu? ment today, saying: ' I left the Coopers and Carmack at i if telephone posts yesterday. The State contends that Col. Cooper had no right to turn around and go over here to see Senator Carmack. I have shown you that he had a right. And tola Intent was peaceful, for he went with hand extended. The State says: 'Why did not yoj say your mission S'as peaceful?' tecauae he did not nave to. There U no law to compel you when you i.pproach a man on ths street to yell oUt that your mis? sion Is a pacific one. "Again comes the state inquiry: Then why did Senator Carmack open fire almost Instantly after he saw Col. Cooper?' The stite says It was be? cause Mrs. Burch, ths colonel's daughter, ssnt aord that 'Papa Is srmed and threatening to kill Car aiack on sight,' und that this state* ?lent was communicated to Carmack. 5 April, ISM. ?Be Just sad Fear nos-*?Let all the ends Thon Alms't at be thy Country's, Thy God's and Truth's." 8UMTER. S. 0.. WEDNESDAY. MARCH 17. 1909. K3K Our Premiums. o N another page will be found our Premium List for agents who solicit subscript tious for the Twice-a-Week Watchman & Southron. Every article in the list is useful and the best of the kind and price to be had. In the matter of premiums we are practicing what we have been preaching for years?patronizing home industry by purchasing the premiums from Sumter mer ? chants. By pursuing this policy we are keeping our money in circulation at home and at the same time guaranteeing that our premiums are first-class articles. 3y sending out of town to some mail order house we might get these articles cheaper, but vre do not believe in that way of doing business. We want to know what we are getting and who we are getting it from, but the principle is the most important consideration after all. We believe in preaching and practicing the doctrine of patronizing home enterprises, and thereby helping those who help us. If every man, woman and child will do the same thing, South Carolina will be a better State, Sumter will be a bigger and better town, with better and more pros? perous merchants, better and more prosperous workshops and factories and bigger and better newspapers and printing offices, in the latter of which we are most directly interested. This is the point of the whole sermon. Take the hint and get to work as an agent for the Twice-a Week Watchman & Southron. By so doing you will help yourself while helping us. You will also be helping your neighbors by inducing them to subscribe to the best county paper in the State. Osteen Publishing Company 4U Mrs. Burch's deductions, however, honestly made, have nothing to do with these defendants and they are not responsible for them." Anderson declared again that Car? mack has no right to anticipate any trouble until Cooper's note actually had been received by him, and that the note had not been sent. There? fore he said Senator Carmack had no reason to draw a gun when the Coop? ers approached. Judge Anderson claimed that Mrs. Burch, the colonel's daughter, was a State witness, and that the State should have used her if she knew anything pertinent about the case. "And now, gentlemen, I am going to quit. The responsibility which has rested on me is passing to you. You know how handicapped we have been by the failure of the State to offer any theory at all. But there is one fact in this case, which cannot be contro? verted. And that is that Senator Car maclt drew a revolver first and fired first. It cannot be disputed that Rob? in fired only when he had to. I feel safe In the result, gentlemen, I leave it to you." Attorney General McCarn began bis closing argument at once. He re? marked in opening that he was not "arguing the case of Robert Love Taylor against E. W. Carmack," or "the case of M. R. Patterson against E. W. Carmack." He eulogised the jury and then said: "Washington talked so much about bee martins and sparrows that Joe Garner actually went to roost on a tree last night, and this morning he did not know whether to go to peck? ing at eagles or fiy from limb to limb, so we clipped his wings and brought him here. "They say the State has no theory When your old dad took you out to lick you, did you ever know what his theory war? and did he ever ask for yours? No, he Just decided from the proof tn&t you were guilty and lit i.tto you. We have no theory, we just have proof." "They prate of the blue blood and ancestry of these defendants. It always amuses me the way these fellows wl.'i blue blooo and ancestors always think of those ancestors when they are brought fac^ to face with the law. Yet Judge Anderson made a great speech, the only real law speech In this suit. He took what testimony he liked from the State and what he liked from the defense, and he asked you to acquit on that argument." Gen. McCarn then took the first ed? itorial to which Cooper objected from the News-Scimitar. "That editorial was not written by Carmack and they knew It. They Introduced it for one purpose, and that was because It at? tacked Governor Patterson, and they hoped to reach you men on the jury who are and were supporters of the governor. "Gen. Weeks said 'don't sue a man for libel because all you can get will be a Judgment not worth a chew of I tobacco.' That Is funny advice for I a lawyer t3 give. A Judgment against I a poor men, which he cannot satisfy, I is more humiliating to him than all I the things he could say about you." "And then comes the editorial of I October 21. This editorial refers to I the trading of Bryan for Patterson I and mentions Cooper's name with I others. It had a right to do It. What 1 If one of them were a d've keeper, wo I know he was In politics. Cooper says I he was in politics." Tgsn Gen. McCarn got after the I A.Atrlcan, which, he said, W89 the I Ceoper organ. I "There Is one so-called high class I Journal here," he said, "which duilv I wnles editorials tearing to plecer men who go upon the stand and tell the truth. Young women are not secure I from these attacks, neither are mere children. That is alright, but we I must not criticise Col. Dune Cooper, I he's a spark from the expiring embers I of the old Southern chivalry. We will I attack whom we please, but no one I must attack Dune Cooper.' Now isn't I that a nice theory for a high-class I newspaper? I "Next v?c find the editorial of Octo I ber ||, which attacks the machine, I and it does not mention Col. Cooper's I name. But he got mad. "Then comes the editorial of No I veinber 8, 'Across the Muddy Chasm* I ?the reconciliation of Cox and Pat I terson. Gentlemen, at the Instant I Carmack was falling dead, Governor I Cox and Governor Patterson were In I Intimate conversation not five hun I dred feet away. And this fact shows I that the editorial was true and that I Cooper knew It was so. I "We have heard a good deal of talk I about the failure to send the note. I When a man says If you do a certain thing one of you must die, and you do It, you do not need to wait for a I note, do you? "There has been a contention here that Carmack defamed Cooper. Why, gentlemen, Carmack knew that Coop? er defaulted and jembezxled as Mas ;tr in Chancery years before. If he had wanted to defame Cooper, why could he not have printed these facts?" Referring to the State's failure to put Mrs. Burch on the stand, McCarn said the State had proved' what it warned to by Mrs. Burch's maid, ano he added: "But I promise you that if she had r>e on I would never have referred her story as a 'cock and bull story.' Yet my distinguished friend, Wash gton, asked Mrs. Eastman if she hot any one that day. And he pratos f Southern chivalry. "Counsel has described how crip? pled the old Colonel was and how he | could not shoot. But the Colonel did I ot say he could not shoot. He did ot tell Robin he could not shoot. He pulled a gun and said: "I have this to efend me.' As a matter of fact, gen- 1 lernen, he could shoot. Look, here is , his pistol. I turn my two fingers un- j der as his were and ,.see how easily and rapidly I can shoot with the thumb and first and second fingers." Gen. McCarn launched into an elo? quent defense of Miss Lee. i "They say they took Col. Cooper down to Bradford's office to cool off. Why, gentlemen, you might as well talk of turning Vesuvius up side down n hell to cool off. They took him to Bradford's office to cool off?the office 1 of the man who said he could have killed Carmack with as little remorse as he would kill a rattlesnake. But they say only Miss Lee claims he said this, and they attack Miss Lee. And she sacrificed her home, her position, her mother's living to tell the truth.' He defended the little newsboy, Johnnie Tyndall and claimed the boy was corroborated in his statement that he heard Col. Cooper say: "We will get him," by Col. Cooper himself. "Of course, they did net want to meet Carmack on Church street, there would have been fifty witnesses there, end they only needed one. So they decided to go up Union street to 7?h avenue. "They say It was cruel persecution to have John Sharp indicted. Do you think it is pleasant for me to stand here and ask you to convict of mur? der in the first degree the brother of the clerk of this court, who has been my friend for years." "John Sharp was taken along for a purpose?to witness that killing, and he filled his purpose. They say he put himself In a position where he could not see It. "Why. I know John Sharp well enough to know that if he had been there honestly or accidentally he would have done what you would do or I would do, he would have run back, not walk, to where Carmack was lying. Why, his friend had been shot, and his other friend was in trouble. But he was confused by his guilt, and when Miss Skefnington sud? denly confronted him and asked what it was, he blurted out the truth?'it is Dune Cooper shooting Carmack.' He refused to tell any one what he knew, refused to describe the tragedy. Is that the act of an innocent man? No, it is the act o^ a defendant after he has been Instructed by a clever attor? ney. These facts here show beyond a reasonable doubt that Sharp was an accessory before the fact." Gen. McCarn placed two rolls of wire fence upon the floor to represent the telephone poles and demonstrated to the jury how the defendants say the shooting took place. This soi y, he claimed, was contradicted absolutely by the physical facts. He called Gar- 1 ner over to assume the position that Robin says Carmack took, f He showed that two wounds i through the heart were downward. | The defense claims they were inflicted first. McCarn argued that they could j not have been, that they were inflict? ed when Carmack was falling, as they ranged so directly downward. Then he had C arner turn his head to dem? onstrate that a third shot fired by Robin after the two bullets near the heart could not have passed into the back of Carmack's neck through the spinal cord. "Robin Cooper never came west of these posts," said McCarn. "He came in from the rear, while his father at? tracted Carmack's attention. If he had come In, as he says he did, Mrs. Eastman would have seen him, for he would have passed directly in her line of vision." "I do not know how it was done, but I believe this 27-year-old boy a graduate of law, nine years In the office of the biggest lawyer In the State, with beautiful sisters and a tender fostermovher, with a thousand years of blue-blood and breeding, with an ancestor standing in front of him, de? liberately shot a man In the back of the neck, and shot him again as he fell. That is what breeding doen for a man." McCarn then used Garner In a dem? onstration of what the State claims would have happened had the bullet struck Carmack In the back of the neck as he fell. The bullet's course, B SOUTHRON, Established Jnne, ISM ries?Toi. XXIX. *>? 7 he said, would be through the head? and not straight through the neck? and out under the tongue, the course? the bullet took. - The position of Car? mack's body, after he fell, McCarn argued, precluded the story that he turned around so as to be shot in the manner claimed by the defense. "And we know of that scabbardV too, for we went up twice and search? ed for it, but we could not find it, and we did not find it until it was drawn* out on the stand. Somebody else knew about it, the Coopers and John Sharp> knew of it. Why should not they?" They are not ordinary prisoners. They do not have to **ay in cells. They talk to their friends at any time without an officer's presence, contrary to the laws of Tennessee. The scab? bard, we think, was left in Carmack's hip pocket in his trousers. But Bin? ning put the revolver in Carmack's overcoat pocket, gentlemen." Gen. McCarn described how Col Cooper had called h.s daughter, Mrs. Burch, and said: "It's all over. Robin has killed Car? mack." He argued that, this expression In? dicated that the defendants knew what they went out to do, and they announced the consummation of the deed with the expression "it is all over." After ridiculing Binning for a few minutes, McCarn asked leave to finish* on Monday, and his request was. granted. DANGER FOR MONTGOMERY. Alabama's Rising Water May Cause Serious Condition. Montgomery, Ala., March 14.?The Alabama rivers is still rising tonight but no further damage was done in Montgomery today. The stream I? several miles wide here and thousands of Sunday idlers viewed the murky waters from the banks. At 7 o'clock tonight the stage at Montgomery is 51 feet and rising at the rate of three tenths of an inch an hour. Director Chaffee thinks the river may go to 55 feet. This would mean a serious condition !n Montgomery The 54 foot stage will overflow the gas works and cause a suspension of newspaper and other plants. Stages of 31.5 feet in the Coosa at Rome and 29 feet at Gadsden are re ported by the government bureau. Fifty-seven feet at Selma is predicted* for tomorrow. Lowlands of middle Alabama are submerged for many miles and while no loss of life is reported, a great many head of live stock are believed to have been drowned. The Tallapoosa river, which emp? ties into the Alabama rever nine miles north of Montgomery, is a raging tor? rent. This river sweeps around the fine convict farm of the State which* is under water. The most serious ef? fect of the high river here is from the hack waters which have submerg? ed the negro section and are en? croaching or. the manufacturing dis? trict. INSURANCE COMPANY RV LINGS. Commissioner Mc-MaMcr Explain* ? Regulations Governing Surit>v * Columbia, March 14.? In regard tit the enactments of the legislaturc re qurlng all insurance companies to de? posit with the commissioner a bond or security, in the discretion of the com? missioner. Commissioner MeMaster has made the following rulings: Either the principal or the surety must have on deposit securities to the amount of the bond or must have fnr South Carolina property liable to at? tachment to the amount of the bond This amount it $20.000 for ilfe insur? ance companies and $10,000 for als other companies. A surety company must have on de? posit securities to an amount equal to> the amount of the largest single bond, which it will give, but should it have* one deposit it will be received on the bond of other companies to leg times the amount of the deposit it make*, that is to say, that to give hortd far at life insurance company a bond com? pany must have on deposit |f*,eweV and in this case would be received or* a gross aggregate of bonds to the amount of $200,000. The commissioner for the present will receive any good secu 'ities. Sot he will expect the companies making? deposits within a reasonable time to> secure domestic investments, such see) State bonds, county or municiexeJ bonds, or real estate mortgages inv South Carolina or some such domes tic securities. The things that would make a as man happy look foolish to a man. The best way to kill a falsehood asr to 1st It Us. , .