The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-12-03

f. o. Babcock was grocery man-hat
known Cooper six or eight years-Coop
or had been in his employ for four years
Had good reputation as to being law
| abiding citizen. Knew Cooper occasion
ally carried pistol-but did not know i
he carried il all the time
Cross-eXamined: Street cars pass OF
| Pecan street about every twenty minutes
| The store faces the track, and a person
! in any part of the store could see thu
cars pass. Saw only a part of the shoot
| ing matter, as the car stopped blocl
below his store. Excused.
The defendants attorneys then an
nounced their case closed.
REBUTTAL.
Mrs. Juliet Emerson. Knew Cooper ant
his wife. They lived in her house in July
and August. Mrs. Cooper went to 1oa
kun about June |. They moved into
her house February, 1895. Defense OBJ
jected to Mrs. Emerson's being asked as
to Coopers visit to her about the anony
nous letter and his wife's visit to Ioa
KUN. Objection ovcrruled. She was
very friendly to Mr.. Cooperate paid his
rent as promptly as he could. His wife
went off on Thursday and he came to her
house Tuesday to have talk with her
He looked grieved, like he had been cry
ing. Told her about the anonymous let
ter and wanted to ask her if 1t was true,
She dcmurrcd to say anything-but he
plead with her as friend until she said:
II never saw anything wrong with your
wife, except that she flirts with Jesse
Rudicil from her house and mine, waving
her hands, kissing them to him, and max
ing bouquets for him." She wanted Mrs.
Cooper to get her some dry goods down
town, and asked her twice to get it. But
Mrs. Cooper laughed and said she did
not get off the car either time, but rode all
the way to Pressler's garden on Jesse
Rudicil's car with Jesse. On that visit
Cooper kept asking her questions, and
finally he said: "My God, must | kill
Rudicl." She told him mo, you must
not, for your wife is to blame-it is her
fault" He said he knew he ought not
to, as he knew how such things were in
life, and that Mrs. Emerson was right
about it. She advised him to see his wife
and have talk with her before her par
ents. He said he would, and asked her to
it all for the court, as he
thought he would get divorce from her.
He went that night to Yoakum.
Cross-examined: She thought it very
wrong for Mrs. Cooper to throw kisses
from her house to Rudicil-Rudicil ut
such times only laughed. Mrs. Cooper
said she was only having some fun-a
with Jesse Rudicil.
Mrs. Minnie Swenson: Street car line
ran in front of her house. Knew Jesse
Rudicil since years ago he first drove
the mule cars, and since has been mo-
torman on the electric line. Defense OBJ
jected to states examining her about any
buggy episode unless the same was
made known to defendant. Witness ex-
cused.
Defense objected to states putting Mrs.
Cooper on the stand and was sustained
Miss Nora Barnickel: Knew Mrs. Coop
er. She wrote the note signed Sisters
annie and Nora" Defense objected to
states going into the matter, as it was
Objection was sustained and
excused.
This same objection to all testimony
detailing the relations Of Rudicil and
Mrs. Cooper, the knowledge of which was
not brought home to the defendant, cut
out quite line of the states rebuttal
testimony.
Steve Burditt: Remembered the street
ear shooting. Was sitting in buggy
1t that point Heard the shooting; he
ooked up and saw n man resting one
hand on the side of the lar front door
md shooting down. Saw him step to
The door and throw something inside the
EAR and then jump off. Then saw an
other man join him and go up the street
with him. He got ON the car and stop
bed it. The man who did the shooting
lid not stop the car.
irst shot was fired. There were two
,r three shots fired after he looked up.
cooper had been out on the front plat
.orm; threw something INTO the car and
Jumped off the front platform. Did not
zee Cooper put on the brake or turn off
he power. Excused.
The state here announced that they
'!osed.
Mr.. Geo. Calhoun, at 800 o'clock,
opened the argument for the state He
claimed the state had made out a case
If murder in the first degree Rudicil, the !
lay he was killed, was pursuing the |
ame work rs for many years-driving
he street car. That day defendant got |
m RudiciIs car, drew pistol, put it |
llrectly up TO the back of deceased and |
hot while Rudicil held on to the brake |
md motor crank. That he shot again |
md Rudicil fell to the platform; then
cooper shot him three more times as he
~ upon .hc pidlloIill. HIS WIS I
vanton killing. He then gave the dis
motion between murder and manslaugh- |
err This case could not, under any cir |
be excused on the ground of |
ustifablc homicide, committed in wild |
assion on the instant after he knew his !
wife had been insulted by the deceased |
lie ridiculed the idea that Cooper did not |
Ook at or know that Rudcil was on the !
ar that morning. He said every wit
less denied the defendants testimony
bout the shooting, and the facts and |
heory of the case contradict him. The |
elf-defense theory, he said, was abso- |
utely ridiculous. He claimed the evil |
ence in the case showed that it was not |
tudicil who tried to break up that home, |
nut that he was ten times more tempted |
" Mrs. Cooper than he was the tempter. |
cooper was put on notice month before
he killing, and hence when he acted he |
lid so with knowledge that Rudicil was |
more sinned against than SHINING.
Hon. Taylor Moore spoke first for the |
License. He spoke first of the law and |
hat provision that contemplates a mans |
his home and his wife and |
venging their honor Cooper had on |
he very morning of the killing. been put !
N notice that Rudicil was fixed for !
i'm and would fill him full of holes"
t Mrs. Cooper was pursuing Rudicil |
Why should he follow her 100 miles to |
when, if Mrs. Cooper is the |
woman the state intimates, he might !
ave accomplished his purpose in Aus |
in, without going to Giddings or any
where else. He declared both Mr.. and |
PC I'npnpr lac, l,,tn1 c,,1 -,