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MOUNT AIRY, NORTH CAROLINA, THURSDAY, FEBRUARY 25, 1000
NO. 32
4h!
TELLS JURY OF
CARMACK TRAGEDY
Mrs. Eastman. Eye-Witness, Declares Senator
Fell Dead with Weapon Held by
Barrel in his Hand
NASHVILLE, Tenn.. Feb. 16.
Just one month within a day
from the date the first attempt
was made to secure a jury, the
trial began of Col. Duncan B.
Cooper, Robin Cooper and John
D. Sharp for the killing of form
er United States Senator Edward
W. Carmack.
Long before the hour set for
court to open, the crowds gather
ed outside the new courthouse.
The sheriff had a large force of
deputies on hand and the throng
was forced to form in line. At
8 a. m. the doors were opened
and in orderly procession the first
comers were permitted to enter.
The attorney general read the
indictment As he reached the
words "did wilfully, maliciously
and with malace aforethought
slay and murder the body of E.
W. Carmack," tLs widow again
collapsed and for ailong time lav
with her head upon the shoulder
of her sister. Again the eyes of
the two daughters of Colonel
Cooper filled with tears, their lips
trembled and the sympathy which
goes from one stricken woman to
another was conveyed in the looks
of pity that went across the room.
The state called its witnesses
and swore them. The defense
at a proper time their .Witnesses
would be called and sworn.
"Call the first witness.' said
the court
Then, to the surprise of every
one, Attorney General McCarn
said:
"Call Mrs. Carmack."
The widow was half carrid to
the stand by Frank Lander, edi
tor of the Tennessean, and hold
ing to her son's hand. Lander
stood beside her on the stand, his
arm around her. She told her
name and her husband's occupa
tion in a trembling voice.
"When did you last see your
husband alive?"
"Oh, God! Oh, God!" she sob
bed, "on Sunday, the day before
he was killed."
For several moments she was
unable to speak, her agitation
was so great.
"When did you heai from him
last?"
"By telephone on Monday a
a little while before he was kill
ed." "What was that conversation?'
The defense objected and it
was sustained.
Child's Look of Hatred.
As the lawyers argued, Mrs.
Carmack drew her son close to
her and rested her head on his
shoulder. The boy, a manly lit
tle chap, patted his mother's tear
stained cheek and whispered
words of encouragement to her.
The defense declined to cross
examine Mrs. Carmack, and she
was led back to her seat.
As the boy accompanied her,
he turned his glance full upon
the defendants with a glare of
concentrated hatred that it is hard
to realize could be expressed by
one bo young.
Coaper Denounced Carmack.
The state next called E. B.
Craig, former state treasurer,
who testified to his close relations
with Senator Carmack. He said
he spent all day Saturday, Nov
ember 7th, and Sunday, Novem
ber 8th, the day before the mur
der, with Carmack. He saw Col
onel Cooper the evening of Nov
ember 8th, at the Tulane by ap
pointment "After dismissing the personal
matter which led me to Colonel
Cooper, the latter began to dis
cuss the editorials in the Tennes
sean. I soon learned that Colon
el Cooper wa3 greatly agitated
and very angry. He said: 'I
am an old man, private citizen,
and it makes little difference
whether I go or not, but if my
name again appears in the Tenn
essean, either I or Senator Car
mack must die.'
"Colonel Cooper's manner was
violent, and he denounced Car
mack viciously as an ingrate. His
manner so alarmed me that I
tried to soothe him and offered to
see if I could do anything to re
lieve the situation. He asked me
what I could do. I told him I
would confer with Senator Car
mack." "What was said about a note?'
"He said he had written Car
mack a note that could not be
misunderstood."
The court refused to let the
witness say what impression was
made upon him as to Carmack's
again?"
"Because I feared for him. I
went to see him and found him
in his office, writing."
"Did you communicate to Car
mack the threats of Colonel Coop
er?" The defense objected, and the
court ruled that the witness could
tell only what he reported back
to Colonel Cooper after his con
ference with the deceased."
"I told Carmack what Cooper
had said. I then returned to see
Colonel Cooper and told him of
my errand. I said: 'Colonel, I
can accomplish nothing."
"What reply did the defendant
make?"
"Then, by God. this notegoes.'
The note referred to was the
one written by Colonel Cooper to
Senator Carmack, threatening
the latter with death if the edl.
tor referred to him again. It
wa3 sent after Craig had report
ed his failure as a peacemnker.
The witness said he again re
turned to Senator Carmack and
reported what Col. Cooper had
said. He then left the city and
did not see Carmack alive again.
The witness, over protests of
defense, said ho also told Car
mack of the bearing and the de
meanor of Colonel Cooper. The
court refused to let him tell, how
ever, how Carmack received the
information or to say whether or
not Carmack expressed regret.
The state next introduced in
evidence the Tennessean of Nov
ember 9, containing the sarcastic
editorial on Colonel Cooper which
led to the killing and which re
ferred to Colonel Cooper as "the
diplomat of the Zweibund." The
paper was identified by Craig.
He said he did not know whether
Carmack ever received the note
that Colonel Cooper declared
would not be misunderstood.
Mrs. Eastman on Stand.
The defense passed cross-examination
until later and Mrs.
Charles II. Eastman, who was
speaking with Senator Carmack
when killed, was called. Mrs.
Eastman is one of the most aris
tocratic women In the south, bril
liant in society and clubs. She
is slender, her hair perfectly
white and was modishly gowned
in black. She talked distinctly
and clearly, gesturing now and
then to emphasize a point.
Senator Carmack, for two
months had apartments next door
to Mrs. Eastman's. The witness
told this and described her walk
on the fatal ninth of November,
from her home to the spot where
the senator was slain. She told
how she met Mr. Carmack and
identified the exact spot.
"We were walking very slowly
and we met about two feet from
the wall which divides the Polk
flats from the adjoining proper
ty," she said "senator Carmack
came swinging along. His eyes
lighted up with a pleasant look
of recognition as though about to
stop and talk. We stopped to
gether by mutual agreement as it
were. He wa3 a little, south of
me. He raised his hat and held
it and was looking down into my
eyes in a listening attitude. His
hat was in his hand, above his
head and a cigar in his left hand.
I began a sentence and he was
absorbed in it, when from behind
me came a voice saying: 'Well,
here you are. We have the drop
on you now.' "
"Did you see anyone?"
"No, sir. The voice came from
behind and very near to me."
"What did you do?"
' 'Nothing. I saw Mr. Carmack
with hat still raised, look over my
shoulder with a look of surpised
inquiry. As he, did so he ran his
right hand baclfc into hi3 pocket
drwrsVy ly a pioU-I aeeww
ed to catch. I put my hands to
ray face. Then the voice began
again behind me and it said:
" 'You cowardly scoundrel, hid
ing behind a woman's skirts are
you? Get out you dastard.'
"When I saw the revolver I
jumped to one side and turned."
"What position did the revolv
er occupy in the senator's hand?'
"It was upside down. That is,
he held by the barrel."
The prosecutor sent for the re
volver and the beautiful witness
gave a dramatic illustration of
the senator's position. Rapidly
and clearly, with a dramatic fire
that was remarkable she re-enacted
the tragedy in detail. There
was not a whisper in the court
room as she, standing oi the plat
form, or swerving rapidly around
pictured the killing.
"I put up both hands," she
said, "and jumped back like this.
I heard the shot and turned;
though I reopgnized Dr. White as
the man with the revolver, and I
screamed like this: 'My God! My
God, doctor, don't shoot. Oh,
don't don't, please don't' I then
recognized that it was Colonel
Cooper.
"Then I shrank agunst the
fence and saw voung Cooper and
at the same time heard two other
shots fired so rapidly that I
thought they were simultaneous.
Denounced Col. Cooper.
"Young Cooper was standing
near us, his arm extended as
though in the act of firing a pis
tol. I was fearfully wrought up.
Senator Carmack was lying in the
gutter, in a pool of blood and I
turned and denounced Colonel
Cooper."
"What did you say?"
" said he was a brutal raur
derer; that he had faken advan
tage of my presence to kill a man
without giving him the chance of
a dog; that I'd rather be the dead
man in the gutter than to be him. '
"What did the boy do then?"
"He walked over, looked down
at Carmack's body for a minute
then walked to his father and
put his arm around the latter,
They walked away. Up to the
time I went into the Polk flats, I
did not know that the son was im
plicated in the shooting."
The crowd in the court, despite
the efforts of the officers, surged
up to the rail to better catch the
witness' words and gestures. The
rear line of jurors stood in the
box, the better to see and leaned
far over the shoulders of the six
in front As the witness finish
ed her story and sank back into
her seat, there was a murmur
and some one clapped hands once,
but an officer quickly suppressed
the demonstration.
Had Pistol Upside Down.
The witness in answer to ques
tions, said when Senator Carmack
fell, he still had the pistol by the
barrel, upside down, clumsily in
his hand.
She also said that after the
shooting, Young Cooper put so me
thing into his pocket under his
overcoat
During the dramatic recital,
Mrs. Carmack lowered her veil
and put her head on her sister's
breast. Two of her friends fan
ned her, while another held her
hands.
When the state concluded with
Mrs. Eastman, court adjourned
until 2 p. m. for luncheon.
Was Shot From Behind.
After the noon recess, General
Washington, of counsel for the
defense, began to cross-examine
Mrs. Eastman. The witness wa3
perfectly at ease. The questions
were aimed to show that Colonel
Cooper could see Senat:r Car
mack draw his revolver and that
as he did so, Carmack stepped to
otie "side so-Wat" she was directly
between him and Colonel Cooper.
"I think Mr. Carmack started
tewards Colonel Cooper and be
tween the colonel and Robin
Cooper. I know now, that Mr.
Carmack was shot from behind
by Robin Cooper and lurched out
into the street, " said the 'vitness.
"You did not see Colonel Coop
er fire a shot or have a weapon
in his hand?"
"No, sir."
"You did not see Robin Coop
er fire a shot or have a weapon
m his hand?"
"No, sir."
"And you did not see Senator
Carmack fire a shot?"
"No, sir."
"Is your sight good?"
"Splendid, thank you, gener
al," retorted the witness smiling.
"You saw the pistol and heard
the voice and you thought there
would be a fight?"
"Yes, sir."
"Who did you think would
fight?"
"I presumed that the man be
hind me who called the senator a
coward and told him to get out
from behind my skirts would
fight, and I presumed Senator
Carmack would defend himself
if he got a chance."
General Washington pressed
the witness to tell how long it
would take to turn a pistol into
position from barrel to handle.
She declined to say, and pressed,
arose dramatically and exclaimed:
"I'll tell you, General Wash
ington. I don't know how long
it would take to reverse the re
volver, but as far as I know, Mr.
Carmack never reversed that re
volver, but fell dead with it held
by the barrel in his hand."
At 3 p. m. General Washing
ton desisted, and had not made
the witness contradict her self on
even the slightest detail. The
state then questioned her a little
further to prove that the crime
was committed in Davidson coun
ty, Tennessee, and then excused
her.
WtMSkey Advertisers.
Charlotte News.
For a number of years, as the
prohibition sentiment has gained
strength throughout the country,
there has been a marked tenden
cy among newspapers to discard
whiskey advertisements. Re
cently the Kncxville Sentinel
published the long list of Ameri
can newspapers that refuse to
accept such advertising, and the
list contained names of many of
the most influential publications
of the nation.
For a number of years The
News has refused to carry this
class of advertising matter.
From the Nashville Tennessean
we take the following in this con
nection, which will be read with
interest:
"Several weeks ago the Tenn
essean printed a list of monthly
and weekly publications who do
not accept any liquor advertising.
It included practically every
well known magazine and per
iodical in United States, with the
exception of Harper's Weekly
and Harper's Monthly. And now
the publishers of those two wide
ly circulated periodicals have an
nounced that liquor advertising
is to be eliminated from their
pages as soon as present con
tracts expire.
"Such is the trend of the ad
vertising world. Nobody is quick
er to feel the pulse of the public
than extensive advertisers. They
have discovered that the women
of America are moving a'most in
a solid mass against the liquor
traffic. They have found that
women will not read advertising
which is on the same page, or
even in the same publication,!
with liquor advertisements. The
result has been (fiat' tltTpublisher
had to listen to the demand for
the withdrawal of the pages giv
en over to the brewer and the
distiter.
"And now the crusade has
reached the daily papers. Other
advertisers refuse to appear on
the page with liquor advertise
ments and the enemies of the
liquor traffic will not permit
journals carrying liquor business
to enter their homes. Drv ter
ritory is rapidly placing an em
bargo on wet papers. Further
more, the liquor man himself is
gradually dropping newspaper
advertising. After long confer
ences the brewers and distilleis
have decided that newspaper pub
licity is one of the chief causes of
the great prohibition wave which
is sweeping the whole world.
They have found that it is bad
policy to try to convince the
world that George Washington
and every other great man of his
tory was great because he drank
liquor,
"Circulars are now the pet me
dium of advertising for the liquor
dealers. They attract less atten
tion and do not flaunt the foul
traffic before the public in such
an obnoxious manner. So the
jug-house and the distiller will
try from now on to debauch dry
territory by flooding the mails
with offers of fire-arms to young
boys and men who will solicit or
ders for them. What more po
tent agent of crime is there than
the hideous liquor folder pictur
ing bowie knives and dirks and
revolvers, which the whiskey sel
lers offer, as premiums to those
who will forward their unholy
traffic?"
PEARS Keiffers
PLUMS Abundance
APPLES Yates
Yates Apple is the great Southern Winter Apj le. Keiffer Pear and
Abundance Vlums the ffreat money maker. I -and must be cleared and
wilt ull at one-half price while they last.
JOHN A. YOUNG,
Greensboro, N. C.
Stocking Snleid At Csuosrd.
Concord, Feb. 19. Mrs. Alida
Burkhead. widow of John Whit
field Burkhead and a daughter of
the late Capt John Woodhou3e,
for many years editor of The Con
cord Register, committed suicide
here to-day by burning herself to
death.
At 2:30 o'clock she complained
and told her 17-year-old daughter
Miss Dora, that she wanted to lie
down going to her room at the
stairway. There she saturated
her clothing with kerosene oil
and set fire to herself. Before
any one could reach her, the
flames had burned the flesh on
her face, neck and body to the
waistband into a crisp. She was
conveyed to a room in the lower
part of the house, where she was
attended by physicians until death
which occurred at 7:46.
The ciuse assigned for the ir
rational and shocking deed is her
very bad physical dondition, she
having been in poor health for
several years, the effects of which
had somewhat impaired her mind.
Eluded Watchful Relatives.
The members of her family had
kept close watch on the unfortun
ate woman for many days, but
she worked the to-day and elud
ed them. From all information
now at hand it is inferred that
the burning of herself had been
planned by her for several days.
Fifty Years of Age.
Mrs. Burkhead was about 50
years of age and is survived by
five children Misses Dora, Flor
ence and Jessie, of this city; Mr.
Calvin Burkhead, of the United
States navy, who is now on his
way from Beaufort to visit his
mother, and, Johnttiurkhead, who
isnrvijr tew tKrurror
California, where he is employed
on a ranch. She is also survived
by one brother, ' Mr. H. Irvin
Woodhouse, president of the Cab
arrus Savings Bank, of this city.
The apalling and distressing
affair has cast a gloom over the
entire city. Mrs. Burkhead, hav
ing been reared here from cnild
hood. was well known and es
teemed by every one.
Another Meenahine Establishment
Cose Into The Hands ot Receivers.
Galax Past.
On last Saturday morning at
an early hour Deputy U. S. Mar
shall, John Faddis and assistants
bankrupted another moonshine
distillsry near Bolt post-office a
bout twelve miles east of Hills
ville. From indications, about
the establishment it was an old
institution with an established
reputation doubtless enjoying a
splendid commercial rating and
doing a thriving business.
Hard times had not effected it
as there were soma eight barrels
"mash" and a lot of other fix
tures including a sixty horse pow
er still (aHowing one gallon to
each horse) a splendid cap and a
first class worm and other para
pheralia too tedious to mention.
The proprietors of this plant
did not care to be interviewed a3
they were away and did not re
turn during the entire perform
ance. This is the third enterprise
of this kind that Deputy Faddis,
has wrecked in that vicinity.
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