Newspaper Page Text
2
PATTERSON SWEARS j
HE URGED COOPERi
NOT IO SEND NOTE'
Governor Says He Hunted Up
CoL Cooper Day of Tragedy
and Found Him Writing to;
Carmack.
NASHVILLE. Tenn.. Feb. N—Counsel
for both sides in the trial of Col. D. B.
Cooper. Robin J. Cooper and John Li-
Sharp for the slaying of former Sena
tor E. W. Carmack, spent a busy even
ing last night.
The startling attack of the state upon
the integrity of CoL Cooper as clerk
and master in chancery and as an as
sociate of a defaulting state treasurer,
took the defense by surprise for a mo
ment. But the special agents were
soon al work and last night several mm .
from various pointe in the atate arriv- ,
od—m« n who are presumed to I* able
to throw aome light upon the charges.
Until far into the night, theee men were
in conference with the attorneys for the
defendants.
The crowds which attended the trial
this morning were as large as ever, and
lanch boxes have become the rule In
stead of the exception.
Cooper Corrects Misstatement
One old lady brought her knitting. She
arrived early and passed the time busily
clicking her long needles.
When the court opened. Col. Cooper
resumed the stand and said:
' *T Uriah to make one statement. My,
testimony yesterday as to helping an
oM soldier with money, as I read It in
the stenographer a transcript tftls
morning, was nusunderst<M>d and I am
afraid it is my fault. I secured $1,060
from my farm. I gave only $M of l»
to the old soldier, but evidently every
one thought I said $1.(60. That’s all.”
As to Witnesses
"Proceed, gentlemen." said the court.
"That's all.” said Gen. Washington.
“stand aside."
“We want to use Sergeant Meadows
next." said Judge Anderson, for the de
fense. His daughter was Just operated
upon and he will be here in twenty min
utes Will the court indulge us that
tongr’
"The court will.”
"We would like if the defense would
' furnish us with a list of its witnesses."
said Attorney Gamer, of the state's coun
aeL "If they do not. we will be com
pelled to ask for time after each witness
has been examined by the defense."
“We will say that one witness will be
Dr. Glasgow.” said General Washington.
"Os course." said General Gamer, “Gen
oral Washington knows that Dr. Glas
gow Is one of our witnesses and that we
knew the defense had summoned him "
"And we want the court to order Dr.
Glasgow to talk to us. We have been
trying for three days to get a word out
of him. but he says the state's counsel
told him not to talk.” said General Wash
ington.
T will tell the witnesses. all of them."
said Judge Hart. That It is not improper
for witnesses to talk to attorneys on
either side."
Picked Vp Carmack’s Revolver
"Well, if he will not talk, we will in
sist on the court making him talk.” said
Washington.
••Bring the question up later,” said the
court -
"I wish to aay. too." remarked Judge
Anderson. ‘That we will give the state
a list of our witnesses within ten min
utes. Is that all you want?"
•AU I want right now.” said Gamer.
A long delay followed and Sergeant
Meadows did not arrive. So the defense ’
called Lieutenant M. B. Pilcher. U S. A..
who found the revolver near Carmack s
bqdy He said he had just left the club
a block away from the tragedy, the af
ternoon of the killing and saw a crowd.
He went up and found Senator Carmack <
lying in the gutter, face down, his left |
shoulder higher than his right, his feet
to the couth.
“Did you see a pistol?" , •
“Yea. air. that attracted my attention.
A boy was stanuing on Mr. Carmack’s
coat- I made him get off and then
picked up the revolver.”
“Where was ItF
“Senator Carmack's right hand was ex
tended and the revolver was eight inches
from the hand.”
•Did you pick it up?”
“I did. and broke it.”
Describes the Revolver
"Was ft loaded r*
■•With four loaded shells and two emp
ty ones."
“What did you do with It?'
"1 gave It to a policeman named
Vaughan."
“Is this the revolver?”
“ft Is. or looks like one of the same ’
type."
“What type is itT”
“A bbied steeL Smith A Wesson. 18-
■ caliber, hammer less revolver."
“How long did you have it?”
“I held ft in my hand a while until I
It began to attract attention, then drop
ped it into my pocket and walked down
to meet the officer.”
“It waa recently exploded?” i
“Yes. I believe so—apparently. Two i
shells were empty and the chamber was
smoked.”
The witness said as an army officer •
be had had experience with firearms and
their use.
On cross-examination Lieutenant Pil
cher said he had no means of knowing
how long it had been since the revolver
he found near the senator's body had
been fired, as that was a matter of opin
ion.
He admitted that the sediment in a
revolver barrel from a discharged car
tridge remained there until removed.
Policeman on Stand
■ergent Meadows, of the Nashville po
lice force. Vas the next witness. He was
en Church street when the killing took
place Someone told him of the shooting
and he ran to the scene. He had to go
two blocks. He went to Fort s infirmary
and got from Patrolman Vaughn two re
voivera—one. Robin's. £ automatic Colts
and the by Lieutenant Pilcher.
Sergeant Meadows said that later he re
ceived from 'Sergeant Reid a nickalplated
revolver, which had not been fired, and
which was said to have been taken from
Col. Duncan- Cooper.
On cross-examination he said he could
not positively identify the guns, but they
looked like the ones he received the day
Comfortably shod for
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BEE $4.00 shoes.
7 TO 14 MONTHS
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Catalog for a Postal
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• ATLANTA
\COURT ROOM SCENE AT COOPER-SHARP MURDER TRIAL
-
car MW
IM GBIIE M '■□WBwai
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S3* W'Wraii
/■■l 1 II
Scene in court room in Cooper-Sharp trial, showing Col. Cooper, Robin Cooper, Judge Hart and some idea of the crowds which hate
daily increased. The jury box is directly to the front of the court, while between that and the judge's desk are the press tables, while to
the left of the judge and in the right of the picture are the copy boys ready to start on one of their many journeys.
of the tragedy. He turned them over to
lhe lieutenant of police at the station and
on the next day took them »*o the clerk
of the criminal court, who Is Vernon
Sharp, brother of one of the defendants,
John Sharp. He admitted that the pis
tols might have been changed while In
the hands of the lieutenant of police.
Major Vertrees Testifies
"Cali Major W. O. ’ Vertrees.'' said
Judge Anderson.
Major Vertrees was of the National
Guard and saw service in Cuba. He
knew Robin Cooper and was to try a
suit in chancery court with Robin Coop
er the day of the tragedy. He told how
he went to the court and waited for
Robin. They were on opposite sides.
Robin telephoned that he was busy and
asked a continuance until 11 o'clock,
which was granted. At 11. Robin was
absent again and said: “I cannot leave
the matter that detains me. but you
read my depositions to the chancery
judge and Til come when I can.” He
arrived at 1 p. m. ‘He said: “I am sorry
to have detained you, but I had a matter
I could not leave for any law suit. I
will tell you about it later.”
“We adjourned at 2:10 p. m. and I
asked him to lunch with me. He agreed,
but went to his office first. When we
sat down. I asked him to explain what
detained him. He said he would tell me
some time. Then we parted.”
"Are you acquainted with Senator Car
mack?”
“I am.”
"Did you see him or talk to him on
important topics Sunday night?”
“I did. I was calling on a young
lady—”
“Don't give her name.”
‘The phone rang and I was called. The
man who called'me was Park Marshall.
He said Mr. Ed Craig told him Senator
Carmack wanted me.,”
Loaned Cartnack Revolver
"Senator Carmack wanted me.”
“How long did you wait?”
“Oh. a litie while. I went to Senator
Carmack's office about 10:30 p. m.—in the
Tennessean offices."
“What did Senator Carmack ask of
you?”
“He said he wanted a revolver and I
loaned him mine.”
"Did that revolver have anything on
'it?"
“Do you mean a scabbard? Yes, It had I
a little rubber tip.”
“Is this scabbard yours?"
"Yes, sir. It was larger and had a
clasp, but I cut off part of it. The re
volver is mine, too.”
"Was it loaded in every chamber?”
' “It was.”
The witness held the revolver found
near the body of Senator Carmack.
“When did you see it again?”
“After the application for bail, in the
presence of the attorney general. I had
told the atorney general I had loaned my
revolver to Senator Carmack, and wanted
to know if the revolver found near his
body was mine. I met the attorney gen
eral and I identined the gun.”
“Did you mention the scabbard?”
“I did. sir. I asked about it of Attorney
General McCarn, Mr. Luke Lee and Gen
eral Fitzhugh.”
"Did the state's counsel ask you if
Es
»
GOVERNOR M. R. PATTERSON.
Friend of Coopers whose name is
constantly mentioned in case
you had mentioned Uns scabbard after it
was found in the deceased's overcoat
pocKet here on the stand?"
• No. sir.”
“Did-you communicate with Mr. Brad
ford?"
1 The Stqfie objected, aud Judge Ander
sson said;" “We want to show how we
learned about the scabbard.”
.It's material,” said the court.
“You knew Mr. Carmackf
“Yes, sir. I was his best man at his
wedding."
Mrs. Carmack Weeps
At this Mr«- Carmack turned to her
sfbter. bgrietf her head on her shoulder
end. broke into tears. The state asked:
' "Was Mr. Marshall acting a«Slr. Car
tnartt s kfcent wheu lit phoned you that
Sunday night?"
”1 dp apt know. He said Ed Craig told
him chat UMtaenatur wanlsd to see me. ‘
“Tell the jury what Senator Carmack
said that night, tuui ki£. .nJAU'Xi
THE ATLANTA SFMI-WEEKLY JOURNAL, ATLANTA, GEORGIA, TUESDAY, MARCH 2, 1909.
and appearances were.
The defense objected and was sustained
Then the state's attorney said:
"I want to argue on that. Will you send
out the jury?”
Jury Sent Out
"Take out the jury,” said the court.
“Now,” said the court, "let the major
tell all about the meeting and let me
judge."
“When Marshall told me Carmack
wanted me. I inquired where he was He
said at his office. I went in to the office.
The senator was alone. I told him I un
derstood he wished to see me and he
said yes. Then he said in subsance:
" ‘I have received a threatening mes
sage from Colonel Cooper, who said that
if I used his nime again one or the othei
of us must go. I got the message from
Craig.
“ ‘After that message there is nothing
for me to do but to put his name in
again, and it goes in tomorrow.
Quotes Carmack’s Remarks
•• •! do not think there will be any
trouble.’ the senator went on. ‘for I have
never given him any Cause to make
trouble, but my friends insist that I arm
myself. I do not see any use in it, but 1
ein willing to oblige my friends. This
is Sunday night, I have no revolver and
cannot buy one. Will you lend me one?’
“I replied that I would and gave him
that pistol. He said he didn't know how
to use It. I told him It was a self-act
ing revolver and all he had to do was
to puh the trigger. I removed the loads
and demonstrated the use of the
weapon.”
“What was Senator Carmack's de
meanor ?”
"Quiet and calm.”
“Did he denounce or attack Colonel
Cooper?"
"No, sir.”
“Where did he put the revolver?”
"In his hip pocket.” \ ,
‘Was the scabbard on ft?”
“It was.”
Counsel Makes Objection
“What did he say he said to Craig?”
"That this was not the first threaten
ing message he had received from
Cooper."
“You object to all this?” asked the
court.
"We object to all except that the sen
ator put the revolver with the scabbard
on It in his pocket. To all the rest,
we object because It was not communi
cated to the defendants” retorted Judge
Anderson.
Another lengthy and warm argument
followed which the court heard patient.lv.
The state's contention was that the de
fense had tried to prove by Craig that
Senator Carmack was in ‘An ugly hood,*
that he sent for a revolver and that he
began the attack.
In rebuttal, it offered the proof that
the senator was not in an ugly mood:
that he had firm belief that there would
be no trouble; that he wanted a revolver
only to satisfy his friends, and that he
didn’t even know how to use it.
Judge Hart said the question was most
important as it affected the state’s re
buttal case. He declared he wanted all
the light he could and would hear further
argument after luncheon. Court then ad
journed until 2 p. tn.
NIGHT BEFORE SHOOTING
AT CARMACK’S OFFICE
NASHVILLE, Tenn., Feb. 27.—After
the luncheon recess Friday the state
raised a new question: Can a witness for
the defense give evidence for the state?
Both sides then submitted authorities and
decisions which the court examined.
Judge Hart decided that the stata was
not confined to the questions asked by
the defense of the witness, but that the
witness might testify to things not
brought out on direct examination. He
ruled, however, that Major Vertrees
could not testify as to what transpired
in Senator Carmack's office the night
before the shooting. This is the hard
est blow yet struck at the state, as it
shuts off the attempt to show that Sena
tor Carmack scoffed at the idea ot
trouble.
The state then resumed cross-examin
ation through Attorney General Garner.
"How did Senator Carmack receive you
that night?”
“Very pleasantly.”
“How long were you there in his of
fice before the pistol was mentioned?"
“Not long, for I soon asked him
what he wanted to see me about.”
“Did his appearance indicate anger or
ugliness?”
"It did not.”
The state made several more attempts
to elicit something concerning Carmack's
mental attitude the night before the kill
ing. but attempts were frustrated by the
; court.
“Did anyone ever object to your telling
the whole truth about this case?”
“Never. I asked the defense not to
use me, but made the attorneys promise
that if they decided to use me. they must
give me notice in time for me to consult
with attorneys for the state.”
“The shield or scabbard on the xun
would remain in the pocket when the re
volver was drawn, would It not?”
"Unless it were held upon the revolvei
barrel by the hand, it would remain in
the pocket.”
When Major Vertrees was excused, the
state again asked for a list of the de
fense’s witnesses. A list was handed
to the attorney general and the defense
Called R. T. Creighton, a civil engineer,
who made a plat of the scene ot the
crime and swore to the accuracy of his
measurements.
List Not Complete
The counsel for the state scanned the
list of witnesses eagerly, but smiled
when they realized how incomplete it
was.
The name of Governor Patterson was
not on it, neither was that of Adjutant
General Tulfy Brown.
The next witness was R. P Slegentha
j.eij . ■ly uX Un«u»en Isv
Western Union. He removed one of the
poles at the scene of the tragedy and
took it to the storehouse. He never ex
amined the pole and knew nothing of any
bullet holes. He said Mr. Ewing of the
defense visited him once and asked that
it be preserved. The state objected and
the defense claimed that one of the
state’s witnesses declared it had been
cut down secretly.
The court sustained the objection and
the witness was excused.
A. H. Wright, a contractor, who got the
pole, told of examining it and finding
no bullet holes although he looked for
them.
On cross-examination. Wright said the
pole was curved and that it had many
pieces cut from It by curiosity seekers.
Corroborated Cooper
Sandy Brown, the next witness, corrob
orated Colonel Cooper’s story of his try
ing a horse he wished to buy for his
granddaughter the morning of the trag
edy. Blacksmith O’Brien and Dr. E. N.
Brown, a veterinary, corroborated tlrown
and fixed the time at 10 a. m. Dr. Brown
said he drove away with Colonel Cooper
and was stopped by a negro servant in
front of Colonel Cooper's daughters
home, and that Colonel Cooper got out
of the buggy. This was after 11 o’clock.
These witnesses contradicted Miss Lee,
who said Colonel Cooper was in Attor
ney Bradford's office about 10:30 or 11
o*clock, the mornjng of November 9.
O’Brien and Brown escaped cross-exami
nation, but Dr. Brown was asked as to
what else he did that day. He could not
remember anything.
Court then adjqtjrned until Saturday
morning.
PATTERSON SAYfe HE URGED
. COOPER NOT TO SEND NOTE
NASHVILLE, Tenn., Feb. 27.—1 t was
with considerable:'expectancy and anx
iety that counsel in the Cooper-Sharp
trial for the killing ot former United
Stales Senator E. W. Carmack, took their
places on opposite sides of the court
room today. - .
The state is making its last fight to get
to the jury the fact that Senator Car
mack did not anticipate trouble, laughed
at the idea and only armed himself to
satisfy or humor his alarmed friends-
If the court sustains the state and per
mits the testimony to go in, it will
lengthen the trial of the oaae by at least
a week, as the prosecution has a score
of witnesses on this line alone.
If, however, as he has ruled once and
as he has intimated he will rule again.
Judge Hart excludes the testimony, the
defense will have a great advantage.
The smallest crowd of the trial awaited
the opening of the court room doors to
day. This is due to the fact that ft was
generally conceded that there would be
only a short sessiop, and that most of It
would be devoted to argument.
Attorney General Garner opened the
day's proceedings by asking that the
further cross-examination of T. Leigh
Thompson, on the subject in dis
pute, be postponed until later.
"We have some authorities to cite and
will prepare a brief. - We will furnish the
defense a brief. In the meantime, we will
ask Mr. Thompson a few questions not
connected with his visit to Senator Car
mack. I ask that the jury be brought in.”
“Mr. Thompson, when you reached Sen
ator Carmack’s body, did you see a hat?”
Finds Green Hat.
"Not until after we put the body In the
dead-wagon, when some otte handed me a
new hat and said it was his.”
“What did you do with it?”
“I do not recall. I gave it to someone.”
"Was It Carmack’s hat?”
“I understand it was not the senator's.”
“How did you know?"
"I never saw him wear a green hat,
and the hat he wore a few hours before
was different. It was a brown derby.”
The witness told how, upon hearing
Senator Carmaek had been shot, he ran
from the capitol, a bloc kaway, to the
scene of the tragedy.
“You came down Seventh avenue, on the
same side of the street that John Sharp,
one of the defendants. Claims he went up,
towards the capitol?”
Plat of Murder Scene.
There was a chorus of objections by
the defense, and the court ruled that he
could tell upon what side of the street he
walked and that the Jury could decide
upon what side John Sharp said he
walked. The state then took the plat of
the scene ot the murder and had the wit
ness point out which side he traversed in
his walk.
“Was it a smoky afternoon?"
"It wac a most unusually smoky day.
Forest fires had been raging. It was
cloudy and there was no wind, so the pal!
of the smoke hung over the city.”
“Could you tell or see a blued steel
pistol half a block away?”
“I could not.”
The defense objected, and the court said
the witness could give his opinion.
“Did you see, as you approached, any
one at the scene of the tragedy?”
"I saw a group of people indistinctly.”
Smoky and Dark.
"Could you recognize any of thtmt'
"No sir. It was too smoky and dark ’’
“When you got near to the group did
you find any of your friends?”
“I did.”
“But you could not recognize them
from the corner of Lnion street and
Seventh avenue?”
"No sir.” ‘
“Would It be possible for anyone to
recognize a man standing near the
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scene of the killing from the corner?”
(John Sharp swore that he did.)
“I don’t think so.”
The defense objected and the court held
that the question should be: “How close
to the scene of the tragedy did you have
to get before you could recognize any
one?”
The state declined to put it, however,
and excused Mr. Thompson for the pres
ent.
The aim of the state was to
show that it was impossible for
the Coopers to recognize Senator
Carmack nearly a block away or for
John Sharp to see the tragedy in every
detail from the corner, as he swore he
did.
Roscoe Mathews, a tailor, next told of
meeting John D. Sharp in the Arcade the
afternoon of the tragedy, of stopping
him and soliciting an' order for a suit of
clothes. This corroborates Sharp's tesH
mony to the same effect. While talking
to Sharp, Colonel Cooper and Robin came
up and .were introduced. He was crosz
examined very briefly, nothing new devel
oping,.., . '
Heard Five Shots.
Dr. Richard ’ Dake, whose office was
across the street from the scene of the
killing, next told hew he heard the shots
and ran to the window. He heard five
shots with an interval between the firzl
and second shots, which were louder than
the later shots. > • • - .
"I rushed out. I saw Robin Cooper lean
ing against the- pole. Colonel Cooper with
,his arm around his son, and Carmack's
body in the street. , ( \ ’’
"What, did you do?"
"I made a hasty examination of Car
mack's body, and found he was dead.
Then I waited for an officer.”
"How was he lying?” a
"Head to the north, partly on his right
Side, right hand extended, left leg slightly
flexed.’
“Did you see a pool of blood and a bul
let in it?”
‘T did, near the dead man s mouth."
“Anything in the left band?”
"A cigar. As I stood, the Angers relax
ed and the cigar slipped to the pave
ment.”
“Did you see a revolver?”
“Near the senator’s right hand ”
“Did you see anyone breech it?”
"After the body was put in the ambu
lance. Ideutenant Pilcher broke it."
"Did you disturb the body In your ex
amination?”
“No sir. As soon as I touched the body
I knew he was dead. I may have moved
it very slightly.” •
“Did you see Mrs. Eastman?”
"I did.” •
Mrs. Eastman Excited.
“Was she hysterical?”
“I think she was highly excited.”
The state objected unless Dr. Dake was
an expert on hysterics. The doctor smil
ingly said he was not a specialist on hys
terics. On cross examination, the state
asked why the doctor described an inter
val between the shots.
“Because I was asked to describe the
shots.”
“You were simply asked how many
shots you heard, were you not?”
“No, sir. I was asked how many and
to describe them.”
The state challenged the record and the
stenographer sustained the witness.
“You never, in your testimony on the
prellmirary hearing, referred to one shot
being louder than the other?”
“I was not asked as to that point at
that time."
General F.tzhugh, of the state, pressed
the witness closely as to differences be
tween his recollection of the incidents
now and his testimony at the earlier hear
ing, but could secure no admissions from
him. Invariably the record sustained him.
Lumberman Dillard Testifies.
Robert B. Dillard, a lumberman from
Lebanon, Tenn., was In Nashville the
day of the killing and was next called. He
said he was near Seventh avenue and
Church street when he heard the shots.
“Describe the shooting.”
“First came two shots, then three shots
very much quicker. The two first shots
were much louder than the last three.”
On cross-examination by Attorney Gen
eral McCarn, the witness said he walked
on after hearing the shots and did not
learn for some time that Senator Car
mack had been kilted. He admitted that
the day was dark, that he looked up
. Seventh avenue and saw nothing, and
that his failure to see might have been
due to the cloudy, murky atmosphere.
Dillard was sure that the shots were
from different revolvers.
“You didn't so state to the state’s at
torney, did you?”
“I was not asked.”
“Can you tell whether those first shots
came from the revolver of Senator Car
mack or from the revolver of Colonel
Cooper ?”
"I could not."
"Stand aside."
Professor W. C. Kllvlngton, superinten
dent of the State Induatrlal school, testi
fied that he was in Dr. Fort’s infirmary,
near the shooting, and heard the shots.
"There were two shots first, loud but
muffled. Then came three shots, mere
metallic but not so loud.”
“Cross examine.”
Governor Patterson Called.
Attorney General Gainer cross-examined
briefly as to the time between the first
two siiots and the others.
“Will you indulge us a moment?” said
Judge Anderson. The court acquiesced.
After a few momenta’, delay, the counsel
ieturned and Judge Anderson said:
“Call Governor Pattersbfi, Mr. Sheriff.”
A murmur ran over tl*e ‘ room, quickly
suppressed os the tall, slender, boyish
looking governor walked into the room,
hat in one hand, overcoat. in ' the other.
He listened to the oath, and said: “I do,"
at its conclusion.
“You are governor of the state?”
“I am.” . > s
“How long have you served?”
“Two years in one term and a month in
the second,”
I “Do you know the Coopers?”
■ “I do, well.”
1 "Did you see Colonel Cooper Jhe day of
' the killing?” > • .
i "I did/' • *
! "W-here?” I>,
"I hunted him up.”
“Why?”
•‘As a result of a telephone message
from, his daughter, Mrs. Lucius Burch.”
: The governor told how, with his private
1 secretary, Mr. Scruggs, be hunted for
Colonel Cooper and finally found him at
the Maxwell house.
The state began to object and the court
ordered the. jury to retire.
"I want to say.” said Judge Anderson,
i “that we propose to ask questions here
[ tofore ruled out,, but we want them in
! the record, so the jury had better re
tire."
Found Cooper Writing Note.
' After the twelve men had gone out.
the governor was told to tell all that
happened.
"I found Colonel Cooper in the writ
ing room, writing a tetter or dictating
one. He told me to wait a minute. I sent
for Attorney James Bradford and Robin.
They arrived in a few minutes. Then I
learned that the letter he had been dic
tating was to Mr. Carmack.
“I urged h4m strongly not to send it,
so did Mr. Bradford and Robin agreed
with us.”
“Go on.”
“Colonel Cooper was very angry. He
said he was a private citizen and that
the senator had no right to use his name,
that he felt as though a man was spitting
in his face each morning.
*‘l told him that if he sent that let
ter it might provoke an encounter, a per-
I sonal encounter, which I told him must.
be avoided at all costs.
"The letter was turned over to Mr.
Bradford, who promised to adjust the dif
ficulty and asked if Colonel Cooper would
let him keep the letter and meet him at
(Bradford’s) office at 3 p. m.
"I then saw Mrs. Williamson and ask
ed if she was to take luncheon with the
colonel, and she said yes. I told her
it would be advisable for her to remain
near the colonel until 3 p. m. I did so
because I knew she was a good friend
of his, and the colonel was very angry.
"I left then as it was near noon, and
Robin went with me up through the ar
cade. I told Robin If I were him I would
retpain near Colonel Cooper that day.”
No Trouble Anticipated.
"Did you anticipate any trouble?"
"No, sir, for the letter the colonel wrote
was unsigned and in Mr. Bradford’s pos
session. I was signing some bonds when
Mr. Bradford phoned and said he had not
seen the party we were speaking of, but
that General Tully Brown and he had
discussed the case and decided there was
no danger of trouble. I expressed my
satisfaction. A few moments later I
phoned Bradword’s office and asked Col.
Cooper to come to the mansion wltnin 30
niinutes."
"Did you want to see him about this
trouble?”
“No. sir. Colonel Cooper wae one of
my closest advisers. I was going away
that night and wished to see him be
fore I left.”
The governor said he walked out of the
mansion with one of his staff and met
Governor Cox. They chatted a while,
and the governor re-entered the mansion.
After a little while, the porter came in
and told him of the killing.
Reconciliation With Cox.
‘•‘You say you spoke to Governor Cox.
Had Colonel Cooper brought the recon
ciliation about?”
"No, sir. A Chattanooga paper had an
interview with Governor Cox after the
primaries, in which Cox said I had been
fairly nominated, and was entitled to
the support of ail Democrats. I wrote to
Cox, thanking him. I said It was no
more than sass, but that it was so ntuch
more friendly, in tone than others had
seen fit to use, that I wanted to ex
press my appreciation.
“Then he replfafl to ft and we met. As
a matter of fact we never had been per
sonal enemies. We always spoke when we
met and whenever occasion demanded it,
we shook hands. As far as the political
reconciliation is concerned. If you can call
it that. Colonel Cooper had nothing to
do with it. It was arranged by corres
pondence.”
“What was Robin’s manner in these
interviews?”
“He was very anxioua to effect a peace
able settlement and when he left me in
the Arcade, he thanked me for what I
had done and as he did, his eyes filled
with tears.”
Result of Conference.
At this point Judge Hart indicated that
he believed the results of the confer
ences were admissable, but not the lan
guage of them. However, he said he was
open to argument. The state asked five
minutes for conference, which was grant
ed.
During the governor’s recital, Mrs.
Burch sat with both hands clasping her
brother’s left arm, her eyes fixed Intent
ly on the governor’s face. Colonel Cooper
was smiling and confident. John. Sharp
listened attentively, and smiled at the
governor’s reference to his reconciliation
with Cox.
After twenty minutes’ delay, the state’s
attorneys returned, and General Garner
announced that the prosecution objected
to detailing the conversation during the
conferences, but not to the result of the
conferences, as the governor understood
It.
He said, too, the state did not object
to the Patterson-Cox reconciliation epi
sode. ’'
The jury was recalled and the governor
repeated those portions of his previous
testimony which the court had declared
were admissable. The restrictions of the
court made the witness’ testimony very
brief. When the defense was through,
General Garner said:
“The governor may stand aside. Later
on, should we decide to do so, we will
cross-examiner the governor.”
Judge Hart then adjourned court until
Monday at 9 a. m.. saying he thought
both lawyers and jury would appreciate
a half holiday.
ONE DEAD; ONE HURT,
IN RUNNING FIGHT
NEW ORLEANS, Feb. 27.—1 n a Tun
ing fight between detectives and Italian
thieves here today, one of the thieves was
killed and another fatally wounded.
Two other men alleged to be implicated
in the robbery were captured.
Rosarioa Ferlna. 25 years old, was in
stantly killed, while Vincenzo Ferlna, 21
years old, was shot through the kidneys
and is believed to have been fatally
■wounded. Mezioni Bruno, 28 years old,
and William Mitchell, a negro, who are
alleged by the detectives to have been
implicated in the robbery, were captured
unhurt. , . .
Detectives James Brewer and John T.
Ford, of the New Orleans police depart
ment, were detailed to watch the feed
store and livery stable of Kilduff &
Beall, in Dryades street. -Just before
daylight the Italians were seen to enter
the store, the door being opened by Wil
liam Mitchell, the negro porter employed
by the firm. When the Italians drove
out a jshdrt time later with a wagon
load of feed the detectives called to them
to halt. The Italians burrowed under
the feed and opened fire on the detect
ives, white the horse bolted and ran with
the wagon down the street. A running
fire was then carried on until the Feri
nas were shot down and -Bruno surren
dered. - f-, *
It Distracted His Attention
"Well, uncle, did you see many sights
while riding through town in the taxi
cab?”
“Nary a siglil. ding it! I wuz kep’
| too busy watchin’ thet cash register add
lin’ up th’ fare.”
CARUSO SIGNED 10
SING AT FESTIVAL
VICTOR L. SMITH TELEGRAPHS
THAT HE SIGNED A CONTRACT
WITH THE WORLD’S GREAT
EST TENOR FOR FESTIVAL.
A final, definite and authoritative con
tract whereby Enrico Caruso, the world’s
greatest tenor, and Olive Fremstad, the
peerless marvel of sopranos, will both
sing at the Great Southern Music festi
val to be held in Atlanta, was signed in
New York city Saturday morning by Gat
ti Casazzo. manager of the Metropolitan
opera house, and Victor Lamar Smith, of
thia city, as representative of tiw fes
tival committee,
■ This happy consummation of the fes
tival plans in general and particularly of
the effort to secure Caruso for Atlanta
is due primarily to. the energetic and
discriminating work of Victor Smith,
whose distinction as a member of the lo
cal bar, and interest in the art of music
are widely known. Early in the week
some confusion arose as to just who held
the authentic franchise for Caruso’s
appearances. Though thorough assur
ances had been given that the famous
Italian would come to Atlanta, it was
thought wise by the committee to take
no chances whatever and to leave no
stone unturned until aTitnorltatlve signa
tures had been put to a legal contract
The situation In New York then seemed
somewhat perplexing.
Mr. Smith Clinches Contract
Therefore, (he committee forthwith del
egated Mr. Smith to take the first train
far New York and to remain until he had
matters shaped unchangeably for Caru
so's appearance at the festival. How
well he has succeeded is shown by a tele
gram received from him Saturday at noon
by James R. Gray, of the festival com
mittee.
This telegram announces that not only
has Caruso been secured for two evenings,
but also that Olive Fremstad, whose re
nown is scarcely second to that of Ca
ruso himself, has also been secured. Mr.
Smith wires that in the courae of Satur
day afternoon, contracts will be con
cluded for ths other artists that are to
appear on the festival program and for
the great orchestra. Thus ths details of
the biggest undertaking in art the south
has ever known have been in every
sense satisfactorily adjusted.
Not even the most ambitious and op
timistic of those who have been directing
the initial stages of the festival had
hoped to secure in addition to Caruso
such an artist as Madame Olive Frem
stad. Though the other vocalists who
had been in anticipation were all cele
brated on both sides of the Atlantic, ths
name of Fremstad is pre-eminent. Thb
effect of her coming will be double the
sensation of Caruso’s appearance.
Date of Festival Advanced
Under the terms of the contract obtain
ed by Mr. Smith, the date of the festival
will be advanced from April 29 to May 4.
It will be conducted from May 4 through
the evening of the 6th.
Gatti Casa azo, the general manager of
the Metropolitan opera houses through
whom the definite contract for theM ar
tists has been closed, is the renowned
impressario who succeeded Conreid. He
has been instrumental in bringing to this
continent many of the greatest singers
and musicians of Europe. He now holds
the exclusive power of fixing engage
ments for Enrico .Cameo and Madama
Fremstad. It waa to him that Mr. Ssnith
went on arriving in New York. The man
ager met the Atlantian cordially, and
was so Impressed by the big proportions
upon which the festival had been pitched
1 and its ample financial backing that ha
closed the contract.
Caruso himself was consulted. Though
he has sung beyond the limits of New
YorlT city only five times since coming
to America and though the biggest cities
on this continent have failed in securing
him, Jie consented to come to Atlanta on
the ground that he had a fancy to sing
in the south and considered Atlanta tho
south's center?
During the present week the guarantee
fund of $20,000 for the festival has boea
practically assured. From now on,
therefore the fortunes of the great event
will proceed without interruption, grow
ing more massive and appealing every
day until May 4 arrives.
RIOTERS IN CARS
HOLD POSSE AT BAY
UEHLING, Neb., Feb. 27.—Laborers
who were last night concerned in the
rioting at this place have locked them
selves in their cars on the sidetrack and
have not shown themselves to citizens
and officers, who are maintaining a strict
surveillance. It is believed that the men
are cowed. ‘ ■ '■
George Heineman, the city marshal,
and George Stamm, both injured in the
fight last night, will recover. It was first
believed they had been fatally injured.
The laborers who caused the trouble
are Greeks and Italians. The fight result
ed when the marshal tried to quiet a
disturbance among the men.
Marshal Heineman is the most seriously
Jnjured. Eighteen shot were extracted
from his arm and body.
Two of the foreigners, who are Italians,
and not Greeks as at first reported, were
arrested at Scribner, where they were at
tempting to take a train early today.
FIVE ARE MURDERED
AND BODIES BURNED
BAKERSFIELD, Cal., Feb. 26.—Mrs.
M. W. Beekman, a widow, and her four
children, residing seven miles from this
city, on the Union avenue road, lost
their lives in a fire that destroyed their
home early today.
It is believed they were murdered and
the house set afire.
NEARLY RESIGNED
But Held Position On Grape-Nut*.
An Oklahoma woman was saved from
loss of health and position by change
to right food, she says: .
The Spring of 19G4 found me almost
a nervous wreck from the use of im
proper food. I could not sleep nor eat
anything but what It seemed that my
stomach was on fire.
“I had the best medical advice I could
get, but medicine did not reach my trou
ble. I was growing worse all the time
until I was about to resign my position,
tiling I eould not afford to do.
' "A friend brought me a pkg. of that
wonderful food. Grape-Nuts, and asked
if I had ever tried it. I told her no. I
had no faith in it, but to please her I
promised to use .the package before I
decided what It would do for me.
“I ate nothing but Grape-Nuts and
cream three times a day and that awful
burning In my stomach disappeared. I
was able to continue at my work and
gained 26 lbs. in thres months. So I
owe my health and position to Grape-
NiHs.*‘
rfame* given by Postum £o., Battle
Creek. Mich. Read “The Road to Well
ville." in pkgs. “There’s a Reason.”
Ever read the above letter? A new
one appears from time to time. They
are genuine, true, and full of bun*’
interest-
