Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-02-26

4
head as though he had not seen me and
at once drew his revolver and stepped in
! front of Mrs. Eastman, putting her be-
tween us and stepping towards the curb.
He was five or six feet from the curD
when 1 called his name"
What next?"
Made No Hostile Movement
"He had his pistol in his hand and
passed in front of Mrs. Eastman. Mrs.
Eastman became wildly excited and
grabbed the old man with her. 1 had
made no hostile movement"
What, did you say?'
81 said, 1 think, that it was damned
cowardIy to get behind woman with
pistol in his hand"
did you have a revolver out?"
mot at that time"
did you have any purpose of shooting
or killing him?"
mo, SIR
Did you say, 4 have the drop on
you?'"
II did not, for did not have the drop
on him."
What happened next?'
well, Senator Carmack got around the
post and at the same time Robin got in
between us. In a second Carmack shot
between the poles and Robin got around
them. Then for the first time saw Rob
ms revolver and saw him shoot"
did you have your pistol OUT"
Drew His Revolver
mot until after Robin was shot. Then
drew my gun, but / saw Carmack
was down and that Robin was shot, so
put my revolver back in my pocket
and went to my SON.
How many shots were fired?'
Five in ALL"
| 'sDescribe the repOrts."
"Mr Carmack's shots were first and
| louder than those from Robins pistol"
What next?'
robin attracted my attention. He was
| leaning against the post and could see
! he was wounded from his appearance. i
took him to Dr. Forts infirmary and
/ telephoned my daughter and Attorney
James Bradford. I think I phoned Dr.
Burch, too"
! what happened them"
! Sergeant Read came in and said. You
are my prisoner said, You are entitled
to my revolver, them and gave it to
him."
Had Not Fired Gun
'rWas that gun still unfred?'
eft was. 1t had not been fred
"what about Robins pistol?'
"Some officer other than Reid got it..
| Robin told me the gun was in his over
/
out, but witnesses say did"
"Do you recall saying to keep other
people out of the room, that you did not
want to kill another man?'
at do not remember. protested against
an indiscriminate crowd in the room. !
did not say 1 didn't want to have to kill
another man, for / hadn't killed one"
Ibid Mrs. Eastman make any accusa-
lions against you after the shooting?'
(. "I know she said something, but my
interest was conferred in Robin, and got
! only vague impression as to her excited,
woman talking"
"Cross-examine the Witness"
Identifies Some Bonds
Captain Fitzhugh, of the state, arose to
begin the cross-examination and the audi
ence. with murmur, leaned forward to
catch every word. The attorney asked
the colonel a few question as to his early
career and then, handing him such pa
pers, said:
Are those some bonds executed by you
in 1902"
"They are"
The defense objected, but the court per-
mitted the question.
"They were bonds you gave as clerk and
master and aggregated $56,OOOT'
ST think so. You have the bonds"
Fitzhugh read the bonds and their rea-
Cooper was master in chancery of Maury
county.
The witness said he was a brother of
Edwin and Henry Cooper and took the
oath of Office as master to faithfully &C
count for all funds that passed through
his hand. He was asked to identify a
suit or petition filed by ]. r. and E. L.
Cathey against d. B. Cooper, and asked
If he were the ID. B. Cooper mentioned in
1t. He said he was.
The defense objected vigorously and
demanded to see the petition. Then Gem
eral Washington said:
1--WE tried to get these papers when we
heard this attack was to be made but
were informed the state had them. Thus
we ask for time to examine them"
After examination, Fitzhugh said:
Didn't you confess judgment on this
petition and the charges therein?'
THE record will show that; don't re-
member"
The witness examined the paper and
said that the states attorney was cor
rect. Next Fitzhugh offered to read the
bill and put in charge in evidence. The
defense objected, but were overruled.
Are you not charged with appropriate
ing to your own use 1851, the proceeds of
a sale of land, and did you not confess
| judgment?"3
Don't answer interrupted Judge An
derson. This incident occurred in 1888,
and the supreme court has held that
charges very remote may not be brought
into a case against a mans character.
If we try all these old chancery cases
again here today-and we know how
much In dispute these ohancery suits
j are-we will be here all year"
All the attorneys for the defense ar
gued against the admission of these
| charges with great vigor.
The state replied through Fitzhugh,
put after the first sentence, the de-
Tense demanded that the jury retire.
I4-inch hatpin Is said to be a splendid per-
| suader If scientifically used when attacked by