Historical Newspapers of South Carolina

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he mm um HKS. WASHINGTON SPEAKS IN COOPER'S REHALF. ? Repeatedly Allude* to Colonel's fssnrlce In Wei-?Loy? Stress on Prisoners '? nights." N'lahvllle. Tenn.. Ifnrch 11.?The foun h day of the arguments In the Cooner-Sharp trial for the murder of former 1'nlted Statea Senator ear? mark closed tonight with Gen. Wash lngtt n of the defense in the middle of hie Argument and two more attorneys to follow him. At thle rate It Is doubtful If the case will go to the Jury before Saturday. Gen. Washing? ton finished his ninth hour of argu? ment when eourt adjourned at 6 p. nv. and he announced "that he would oonelude some time tomorrow." He will be followed by Judge Anderson. Who is expected to make the main argument for the defense. Then At? torney Oenersl McCarn will close for the State. Judge Anderson says he will require about six or olght houro for his speech, while Mr. McCarn de? clares thst four hours will suffice for his. Judge Hart today again required the attorneys to nubmlt instructions for the charge and complained that thoy were slow shout complying. Oen. Washington's argument today was brilliant In wcrd painting, meta? phor, appeal and Invective. He made f savage attacks upon ths 8tae*s coun? sel and singled out Attorney J. B. Oarner as his spscial victim. Oarner Is reputed to have nearly as fiery a temper as has Washington, so coun? sel for ths State Insisted upon Garn? er's withdrawing from ths room dur? ing Washington's address. Ths speaker laid special stress upo.i the social standing and breeding, of ths defendants and declared thst men ef such families killed only In de? fense of life or honor. His speech erne a masterpiece of oratory and had a noticeable effect upon ths Jury. Oen. Washington, speaking of the stTsct of ths Carmack editorials, said: "Whsn a man of national reputa? tion em blazons his name at ths hsad of ths neper, ths people do read and believe." lie said that men with any red blood In their veins would resent having their names put on ths same pegs with the name of a horse thief and a convict "In the editor Is) of October 21 mentioning Cooper's name with othe ers," Oen. Washington vigorously ex? plained that two of the "honorable' " names were disreputables and that when Carmack associated Col. Coop? er's name with theirs, hs committed the gravest offense a man could com? mit and affronted and insulted Cooper beyond endurance. He said he agreed that Ao editorial svsr written Justifies killing, but he was trying to show that Col. Cooper's anger was aroused. "We contend." said Washington, "thst Col. Cooper had as much right on Seventh svenus thst day as Car snack had. Hs had as much right to * turn around and walk towarda Car? mack as Carmack had to walk to? wards him. And Col. Cooper had a right to go up to Carmack and de? mand that three filthy attacks upon him be stopped. Just ss 1 believe any msn on this Jury would have dons." "You can drive a man Insane with ridicule." said ^Washington. "You can send s man's son Into a freniy by ridicule. Carmack refers to Col. Cooper as 'major.' when he wrote to Col. Coooper as a friend he called him 'colonel.' When hs wants to Insult gsnd dograde htm he calls him ma? jor.' It waa gratuitous Insult." Indicating Cooper, the attorne) ex? claimed: "That man Is no murderer, you know it. Murder does not run in that breed, sn aristocratic old Muo blood? ed family' Mayb* Col. Coyer did say to Cralg. If my name appears again In The Tennessean. one of us must dls,' or 'The town will not be big snough for both of us.' They both mesn ths same. The words were spoken In a passion and were riot meant and no one ever believed they were. "But Cralg comes back and says: ?Colonel. I oan do nothing.' The el lasjee sfter thst phrise, 'Colonel, I can do nothing.' told more than all of the words In the world. "What does Carmack do? He arms himself. He tears the note Col. Coop? er threstened to send will not come. He fssfl '1 urn sot going to let him escape. I am going to make him send me thst note.' So he wrote that last editor la). "The Diplomat of the Zwel bund.' ? "Csrmsck thus declared open war. He knew that with those crumpled fingers Col. Cooper could not pull a trigger; he knew he was safe." Osn. Wsshlngton took the revolver and showed the Jury how hard it would be f if ' "par to ahoot. "Col. Cooper saw In Cralf s eyes that there was danaer, that earmark was In an ugly mood. Sn he armed himself and If he had not done so hs would be In his grave today." Osn. Washington saw his error hers?ths defense'n contention being that Col. Cooper never even drew his gun until the shooting was over?and he said: "If Robin Cooper had not armed himself they would both be dead today." Gen. Washington then read the statement written by Miss Lee, giving the profanity she said she heard Cooper use about Carmack, prefacing the reading with the remark: "I thought we were going to hear some? thing awful, but all she wrote was?-." Gen. Washington repeated the pro? fanity as though the women of Nash? ville were wont to hear it daily. The epithets used Included the most vile that one man can apply to another. * "That's all, gentlemen, that she says she heard," said Washington. The speaker argued that all the fear expressed by Mrs. Burch because her father was armed was because he was so pacific. He claimed that Robins' alar:n was due to his knowledge of his father's crippled hand and his consequent inability to protect him? self. He claimed Mrs. Burch exag? gerated the trouble and placed a con? struction upon It not warranted by ('ol. Cooper's language or Intentions. Hv argued that Mr. Lander, by tell ls|; Carmack about Cooper's threats, converted Carmack into a stick of lynamlte." ?>n. Wsshlngton next devoteJ nearly half an hour to a burlesque Imitation of Gen. Oarner's cross-ex? amination of witnesses. He compared Garner to a bee martin pecking at a great eagle?the eagle, he said, was John Sharp. Gen. Washington attacked Miss Lee's testimony and extolled Gen. Brown and Judge Bradford. "Oh, what has become of the men of honor of Nashville of the old gal? lant blood, that attempt should be made to discredit such men as Brad? ford and Brown, than whom no more honorable, better bred, ever lived?" He said that Mise Lee was mistaken when shs Impeached the testimony of theae men. e "And they bring a newaboy here and he swears he heard Col. Cooper say to Robin: 'We will get him,' or ?We will catch him.' The boy was mistaken. Robin had just said he wanted a coca-cola and then the boy heard Col. Cooper say: 'We'll get if " Commenting on the State's failure to cross-examine Gov. Patterson. Wsshlngton aald: "The State didn't dare. Even the bee martin would not try." Gen. Washington attacked Gen. McCarn for not putting into his case In chief evidence as to how Senator Carmack got the revolver which he carried when he was shot. After the denunciation of McCarn, Gsn. Washington went back to the morning of the tragedy und started in on the early morning conference. Again he led up to the lime of the shooting. Continually he referred to Col. Cooper aa "the old soldier of the Confederacy." "the grizzled hero of the Lost Cause," "the man who rode with Forrest and had passed through the hall of death and had seen his comrades fall like leaves in autumn." He declared CoL Cooper proved his bravery when he walked over to meet Senator Carmack, who was much younger, much larger and In the Pflme of life. "He eld not know that Lander had emptied a ladle of hot lei.d into Car mack's ear and Robin didn't know It. He knew this old itoldler of the Con? federacy, crippled a.nd lnfi:*m, was go? ing over into danger. He had a right to go along. If he had not he could not have lived In this community; no decent man would have taken his hand and he would have deserved to have been drowned like a puppy. "And all Col. Cooper said was: 'Mr. Carmack.' Mrs. Eastman tells a cock and bull Btory about Col.1 Cooper say? ing: 'So there you are, senator; I've the drop on you,' but Mrs. Eastman did not tell of this remark a few mo? ments after the tragedy when It was fresh In her mind and when she talk? ed to Mr. W. S. Morgan. But she drags It Into the case at this late day." Mrs. Eastman denies she ever saw or spoke to Morgan and la corroborated by sev? eral women present. She says she did talk to Mrs. Morgan and that It may be Morgan got the Idea from his wife. Gen. Washington seized the Car? mack revolver and dramatically acted out his theory of the shooting and he moved so violently that he lost o. sus? pender button and had to desist a minute and repair the damage. Gen. Washington returned to the fnmous scabbard found In Curmack's overcoat pocket. "Oen. Oarner says he exonerat tt me and Gen. Meeks of puttipg it there. Then th? only other men who had an opportunity to put It there are Oen. McCarn and Capt. Fltzhugh, and I exonerate them. But 1 say that any man who Is mem enough to Insinuate ?hat nny lawyer would do auch I thing is mean mough to do it him? self." Washington attacked the State for trying to Impugn hla professional standing and denounced the State'a attorneya for unprofessional conduct. The attorney next turned his atten? tion to Blnnlngs, the witness under arrest on a perjury charge, and de fended him warmly. Binnings was In the court room and enjoyed the eulogy immensely. At this Juncture court adjourned until 9 a. m. tomorrow. Nashville, Tenn., March 12.?The slxteen-lnch gun of the defense's bat? teries was trained upon the State to? day with telling effect, when Judge James McFerran Anderson began his argument in the trial of Col. D. B. and Robin Cooper and John D. Sharp for the murder of former Uni? ted States Senator E. W. Carmack, Judge Anderson, who is considered the ablest criminal lawyer in the State, is chief counsel for the defense. Strange enough he was ac lose per? sonal friend end political supporter of Senator E. W. Carmack. Although !n bad health and worn- with the strain of ten weeks of active work his speech today, instead of dimming his reputation, has added only lustre to it. Anderson Is not a dramatic orator. He adopts no theatrical devices. He does not speak in metaphors nor in? dulge in sentimental appeals. Only once did he refer to Col. Cooper as "the old soldier" and not once did he appeal to the sympathies of the ju? rors. He boldy disclaimed any idea of pleading that any editorial or speech could justify the slaying of Carmack, and declared that his clients' case rested solidly and alone upon the first law Implanted in all living beings?the law of self-preser? vation. Then he boldly plunged into a dissection of evidence and an appli? cation of law and startled his hear? ers by solemnly asserting that Robin would have been justified in killing Carmack before he did. He claimed that Qol. Cooper, after having been assailed in print and upon the platform, had a right to seek out his defamer any place he might find him and demand that these assaults stop. He claimed fur? ther that Robin had a right to go with his father, and both of them had a right to go armed for their own protection if they believed that their protestations and demands would lead to an assault upon them. Judge Anderson declared that this was the law, that he quoted it merely to show how strongly the courts pro? tect the right of self-defense, and to make manifest Robin Cooper's reluc? tance to shoot, until he had himself been shot An Immense throng gathered to hear Judge Anderson, but splendid order was maintained. The speaker grew very weak about 430 p. m., and asked a continuance until tomorrow, when he will close the defense's case. He will be followed by Attorney Gen? eral McCarn, who will close for the State, and after the judge's charge the case will go to the Jury, Judge Anderson made the final argument for the defense. He said in opening: "The deceased was a great man, a United states senator, and a man of national prominence. The defend ants are known all over the State. Senator Carmack had the same right to live that the humblest citizen had to live, no more and no less. And Robin Cooper had the same right to kill Carmack as the poorest and humblest citizen of the State had to kill a man In self-defense. And that is why the case is a great one." Anderson touched tactfully upon the attacks made by the State upon the credibility of certain witnesses for the defense. "I heard during this trial something I never heard before in a court of justice. I heard the lawyer for the State charge Gen. Meeks with wilfully falsifying the record." He said Meeks would not do such a thing. He then referred to the oc? casion when Gen. Garner quoted from the testimony of Governor Patterson, which the court excluded, adding: "I am going to be more charitable to Gen. Garner than he was to Gen. Meeks, and say, I believe he was mis? taken." "And Gen. Gamer says, too, that we say Mrs. Eastman lied. You know that is false. There Is no man on the defense who would be guilty of such ungentlemanly and unethical con? duct. "Those of you who know my per? sonal and political fondness for Sen? ator Carmack know that I regretted his death. My slncerest prayer is that the God of the widow and the orphan will tenderly guard the gen? tle woman and the beautiful boy, who are left to mourn. "The State cannot dispute," he said "that Carmack had a revolver se? cured from Major Vertroes, that he had it at the moment of his meeting with the Coopers, that he drew that revolver and that he fired It. No one can say that Carmack had a right to draw or Are that pistol. The* State Insinuates that an honorable and hon? est young man, a retired army officer, tampered with the carmack revolver or substituted discharged shells for loaded ones. I will prove to you that S riator Carmack brought on the dif? ficulty that ended in his death." With this preface Anderson traced early relations betweeen Cooper and Car mack, and said: "There was a debt owed by Car mack to Cooper?not money, but the debt that hurts and stings and burns when its payment is withheld?the debt of gratitude." Judge Anderson recounted the story of Carmaek's youth, Cooper's patronage, the political success of the dead man, the continued friendship of the pair, the political campaign of Carmack and Taylor, the break in the friendship and the quarrel that ended in the killing. "There is no contention that edi? torial utterances ever justify the tak? ing of human life. It has been charg? ed that Gen. Meeks has applied the un? written law to this case. Now as 1 understand it, Gen. Meeks simply said that men had been ^killed for less of? fence, was It not, General?" Gen. Meeks nodded gravely In as? sent. Judge Anderson next took up th*? editoiials, referring to certain para? graphs as "poisoned arrows." He said Col. Cooper was justified in demand? ing of Carmack "that the offensive use of his name should case." "Did you ever listen to more with? ering sarcasm, more biting scorn, more poisonous lnuendo than in thSS'J editorials written by the greatest masttr of invective that the South has produced?*' asked Anderson. Cooper, he said, determined that these attacks should cease, so he wrote a note. All he asked was that he, a private citizen, be permitted to live out his days In peace. "What if Col. Cooper did say, 'one of us must die?' The man had been driven to desperation. Did Carmack, when he got that message recall the day when Cooper gave him the only opportunities he ever had? Did he re? member the Colonel's family? His beautiful, sensitive daughters, hs young sons? Did he recall the old days? Oh, why did he not say to Ed Craig: "Tell my old friend I did not mean to hurt him; that I was only having a little honest fun.' "But the news brought to him by Ed. Craig that his old friend was be? ing tortured to death by his mercilens pen, delighted him so that he looked pleased. Think of it, he looked pleas? ed, you remember that the State brought it out. Yes, so pleased over his old benefactor's agony that he telephoned out In an hour and secur? ed a revolver. That's how pleased he was. Judge Anderson scouted the con? spiracy theory. He said he would not Insult the Intelligence of the jury by arguing that the meeting on Seventh avenue on that fatal day was other than accideptal. He decared that Col. Cooper had a right to cross the street and address Carmack. "The interpretation you put upon Col. Cooper's action depends upon his dharacter and his purpose in going over there, not upon fthe fact that he did go ever there. If Robin Cooper had gone over there and struck Car? mack with his fist, and if after being struck Senator Carmack had drawn a revolver, Robin Cooper would have had a legal and moral right to kill Carmack. That, gentlemen, is tr e law of this State." Judge Anderson then devoted near? ly an hour to quoting decisions, read Ing in many instances the entire case reported. "When a man has abused you and you go to him and demand that he stop it, and you fear you may offend him and that he may assault you." declared Anderson, "you have a right to put a pistol In your pocket. '? If you have this right and Sie law says you have, then you havg a right to defend yourself, If In the exercise of that right, your opponent assaults you." I Judge Anderson then turned his at? tention to Mrs. Eastman's testimony. He said Mrs. Eastman's memory an:l her condition mentally when she wit? nessed the shooting were responsible for the inaccuracies in her testimony. I "Mrs. Eastman is a beautiful, ajn exquisitely beautiful and surpassing? ly charming woman," said Judge An? derson. "I yield to no one In my ad? miration for her. But she is a dell cate, nervous, excitable woman. Let us see some things Mrs. Eastman did not see. She did not see Robin at all until It was nearly over. She did not see Col. Cooper's revolver, yet he says himself he had it drawn. She says Carmack reeled, staggered out into the street and fell. It could not have happened gentlemen. If he had reeled and staggered out into the street he would have fallen that way; his head, not to the north, as he was found, but with his head to the easL She says she did not see Senator Car? mack fire, yet we know that he did. And I still believe that Mrs. Eastman believes every word she told you was a statement of what she saw. She thinks she saw It, but she was excited and frightened and nervous." Judge Anderson then analyzed Robin's story and declared every word of It was reasonable. He contended that the wound through Carmack's neck was the last shot tired and that It was fired as Carmack fell. "But Fitzhugh would have you be? lieve that It was inflicted first. How e^er, the surgeons tell you that the Instant it was inflicted there would be itip.tant paralysis and that Carmack's gun and cigar would have dropped at Iiis feet and not been found at his hand." When Judge Anderson rested the court thanked the spectators again fcr their good behavior. Origin of Geography. The Phoenic! ns were the first peo? ple to communicate to other nations a knowledge of distant lands. It is now known that before the time of Homer that enterprising people had passed beyond the limits of the Med? iterranean into the great Western ocean, and it was by their sailors that the first rough charts of the world as then known were made. But geography as a science originated among the Greeks, its real father being Herodotus of Halicarnassus, about B. C. 484. 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CASNOW 60 YEARS* EXPERIENCE Patents trade ma nan Designs Copyrights Ac Anrnne ?erSltnf a aketrh and deacrtptteei wmy quickly ascertain our opinion free whether mm Invention is probably pntentnble. Contmimtee* tlons strictly cntldentlol. HANDBOOK on Patents sent free. <>l?te-t agency for pocunnp paienta. Patents taken through Munn 8t to. receive - $ptcial notice, without cbnrge. tu the Scientific American. A handtomeir RlasSratsi w*w*ry. Tereeat etr< dilation of atir ?.cientltlc Journal. Torrn?.ss? vear: four months, |L Sold L yail newsdealer*. MUNN &Co.36,Bro'^'New York Branch Office. 6?FBt, Washington. D. C. TAX NOTICE; The County Treasurer's office fa Court House building, will be open for the collection of taxes without penaK? ty, from the 15th day of October ts> the 31st day of December, 190&. Tbs> levy is as follows: For State, 5 1-2 mills. For County, ordinary, 2 3-4 mills. For Sinking Fund loan of 1907, 1" mill. For Sinking Fund loan of 1908, l-4?# mill. For Constitutional School, 3 mills. Polls, $1.00. Capitation Dog, taoc, 50 cents. Also Special School tax as followar School District, No. 1, 2 mills. School District, Xo. 2, 2 mills. School District, No. 3. 2 mills. School District No. 4. 2 mills. School District, No. 8, 1 mill. School District, No. 11, 2 mills.. Schood District, No. 12. 3 mills. School District, No. 13, 3 mi Ha. School District. No. 14, 3 milta. School District. No. 16, 2 mills, School District, No. 17, 3 mills. g School District, No. 18, 2 mills; A penalty of 1 per cent, added ftw month of January, 1909. AdditletsaB penalty of 1 per cent, for meottr o* February, 1909. Additional penalty of 5 per cent, until 15th day of MarcH. l!*09. when the tax books will ete**> /or the collection of taxes for year, 1908. T. W. LEE. Co. Treas. for Sumter Co., C. 10-7-mchl6,09