The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-02-17
COOPER TRIAL
CONTINUED from page one.)

cltlzen, and that his name must not
be used in the Tennessean; that IL
his name appeared in the Tennessean
again either he or Senator Carmack
must die; that he was getting old.
and IL made little difference to him.
Colonel Cooper denounced Senator
Carmack as an migrate and a scoun-
drel.
Witness said he offered to do any,
thing he could to relieve the situa-
ton. and suggested II Colonel Cooper
did not object that witness would
have a conference with Senator Car
mack. Witness said Colonel Cooper
had stated that a note had been writ
ten to Senator Carmack that could
not be misunderstood. Witness went
to see Senator Carmack.
The defense objected to witness
answering why he went to see Sena-
tor Carmack, and objections were
sustained.
1 Found Carmack Writing.
Witness said he went to the Ten
nessean Office. and found Senator
Carmack writing, but defense object
ed to what was said, and were again
sustained. Witness was permitted to
testify as to result of the converse
ton as given to Colonel Cooper. Wit
ness saw Colonel Cooper again on
the second floor OF the Tulane and
stated to him: t-s mif
Colonel, can accomplish moth
ing"
Witness had some other converse
ton with Colonel Cooper. and when
he said he could accomplish nothing
Colonel Cooper said: t.
Then. by God, this note goes"
Witness never assured Colonel
Cooper in this or any other converse
ton that Colonel Cooper's name
would not again appear in the Ten
nessean.
Witness then went back to the
| Tennessean Office and told Senator
Carmack that Colonel Cooper said he
was going to send him a note. Wit
ness tod Senator Carmack that Col
onei Cooper said the note would be
one that would not be misunderstood.
Witness saw Senator Carmack at
$40 o'clock Sunday night az the
Tennessean Office for the last time.
Witness communicated to Senator
Carmack not only the language OF
Colonel Cooper. but also his de-
meanor, and gave him TO fully under
stand his manner and actions.
Witness never saw Senator Car
mack alive after leaving him at 5
O'Clock that Sunday night.
Zweibund Editorial.
The celebrated Zweibund editorial
was read by Mr.. Fitzhugh. who was
conducting the examination, and WAS
fully Identified MIR. Craif was not
lcross-examined, and stood aside
DIR. Wittenburg Introduced
During the remainder of the after
| noon the jury was given further evil
dence by the state. Dr. John Wltten-
berg. an optlcian. who has an Office
! In the Arcade, was introduced. He
said that he was leaving his Office to
mail a letter when he saw coming
through the Arcade from Fourth
avenue Col. Duncan b. Cooper. John
sharp and Robin Cooper. He said
that he did not see them enter. but
that the three walked past him. with
John Sharp in the middle. He said
he knew all three slightly. but could
not have been mistaken. This was
on November .. shortly before
o'clock. He was asked II this was
not frequently a cut to the capitol,
and II II vas not a well-used high
way. and replied that II was, and
that the spectacle OF people passing
through the Arcade was not at all
unusual. rr-.r
Carey Folk was examined by the
state. He Is an attache OF the state
treasurer's office. He testified to hay-
ing seen Colonel Cooper and Robin
Cooper walking west on Union street.
between Sixth and Seventh avenues,
about the same time, and as he
passed them he heard part of their
conversation. This was when Sew
enth avenue was reached. and Robin. |
pointing toward Governor Patterson's
mansion, said. Father. are you going
up this way?" to which Colonel
Cooper replied that he was not. |
We'll wait here a while" he said.
Mr.. Folk said he noticed them close |
ly. that he was on the opposite side !
Of the street. but that Union street
Is only about 16 feet wide. and there
could be no possible chance OF his |
being mistaken, as he heard both |
voices very clearly. Mr.. Folk said he |
continued on to the Maxwell and !
heard later that Senator Carmack
had been killed, after which he re-
turned to the scene OF the tragedy.
A Bright Witness.
A bright witness during the after
noon to follow Mr.. Folk was John !
Tindell. newsboy, aged ~. Tindell
said that he sold the Nashville Ban
ner and lived at home with his
mother. and that on the afternoon OF
November o he was standing on the
corner OF Fourth and Church when
Colonel Cooper and Robin Cooper
M 10 ofncn 20 ~,