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

Cooper was it not natural for Rudicil to
partly turn his head and take his right
hand from the brake-it was then
Cooper shot him. He asked the jury to
| turn the defendant lOose-he asked it in
the name of the peace and happiness OF
the homes of this country.
Mr.. Geo. PendeXter then. closed for the
defense. He said he would not deal
with the sympathetic side of the case
but wished simply to call the attention
law. Outside of the homicide itself there
is not one element that goes to make up
murder either of the first or second de.
gree-hence at the very worst il could
only be manslaughter. Rudici had fol
lowed Mrs. Cooper to Giddings and gross
ly insulted her. Entreaties prevailing
nothing he then threatened her that he
would "make it hot for her when he got
to AUSTIN This threat was cruel
and unmanly thing that branded him "a
cold blooded villain and devil" COopers
wife related this to him in Yoakum, but
he then yielded to the pleadings of his
Rife and mother-in-law not to attempt
to avenge his wife and involve himself in
trouble. They begged him to give up
his occupation in Austin and move to
Yoakum. He refused but promised not
to attack Rudicil-as he had never sus-
picioned his wife. He showed himself
a man when he yielded to such importu-
mites of wife and mother-in-law, and
should not now be judged murderer for
doing SO.
All might have gone well if Rudicil
had then let Cooper's wife alone. Cooper
got his wife horse and buggy so that
she might not have to come in contact
nj
killing Rudicil again insulted his wife in
the most cold-blooded way-by asking
her to make an designation with him.
Coopers wife tells him of the insult that
night. He could not sleep, he could not
eat any breakfast; he is in utter trouble
over the persistence of Rudicil to de-
bauch his home.
Mr. Pendexter then described Cooper's
boarding the car, seeing Rudicil, having
all the circumstances flash over him, and
then being compelled to shoot. He
cared nothing about all the rot of Rudicil
having his back to Cooper. 1t made no
difference if Rudicil was hand-cuffed or
where Cooper shot him. He did the
shooting the first time he met him after
he learned of the last insult to his wife.
Hence, this killing was plainly, at most,
But If Rudicil made n demonstration
or gesture that made Cooper think he
was going to attack him, then Cooper
was completely justified in killing him.
For Cooper had heard RudiciPs threat of
''filing him Cooper full of holes" and
this, coupled with Rudicil's wrong upon
him, fully justified him in the killing.
Mr.. Pendexter then severely criticised
the states witnesses who testified to hay
ing seen the shooting. He asked only
the strictest discharge of duty on the part
of the jury. He closed with very
strong, but brief, review of the case, put
ting the defense's side most pointedly.
District Attorney Burleson then, at
j:13, began to close for the state. 1t
was very easy for counsel to denounce
the dead boy, Rudicil; he could not de-
fend himself. Nor was he here to de-
fend Rudicil, but to prosecute Cooper
for a violation of law. There is every
reason why Cooper should pervert the
truth-as the penitentiary is staring him
in the face; yet counsel for defense tell
you that you should believe him and
loubt disinterested witnesses who saw
he killing and testified differently from
Cooper. He would, he said, argue the
case as though the jury were hunting
very loophole to turn Cooper loose--and
ne would meet the jury at every issue.
L
cot the anonymous letter. Then, if he
lad shot Rudici to death at first meet
ng. it would have been manslaughter;
,ut he did not do it, but went to see
Mrs. Emerson to get her advice He
vent through the Incidents of that visit
md conversation very pointcdiy. lie
hen skinned along to the day when
Rudicil met Mrs. Cooper and insulted
Ter again. Then the detailing of the
hreat from Rudicil was reviewed with
he greatest irony and denunciation.
Cooper, got on the car without Rudicil
he had gotten on; he did not
want Rudicil to know he had gotten on
he car. He then proceeded to shoot
lin in the back, as his hands were on
he brake and lever, and he was looking
straight ahead. All of the states wit
lesses agree that Rudicil had his hands
Is stated and was looking straight ahead.
But he claimed that Coopers own testi-
nony of the killing would convict him.
lie did not say he was enraged, that he
vas controlled by sudden passion be-
ause of what he had heard the night
,efore. If he was not so inflamed, then
he was guilty of murder in the second
legree; if he was so enraged then he
vas guilty of manslaughter. Mr.. Bur
t was the worst attempt of the kind he
lad ever heard of. lie ridiculed the
dea beyond measure. This case was not
matter of sympathy, but of duty. He
losed by placing this duty on the jury.
He finished his argument exactly at
o'clock; then Judge Brooks read his
harge to the jury. and they filed out of
ne court room with Cooper's fate in
heir hands.