Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-25

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Cooper. was mastcr in chancery Of
Maury county He asked him to
identity the petition in the suit flied
against him ia which he WAS charged
with appropriating money to his own
use
The defendants attorney instructed
him not to answer and appealed 10
the court. claiming that the charges
were too remotr to be brought IN the
case against Cooper's character The
Jury retired and argument over this
point was begun The states attor-
ncy told the court he proposed to
show that Cooper was an emhe2zler
Ia the extent of over Sf00. .0o0. thus
TO show to the jury just how much
credit should be placed on his words.
I'VE propose To show that he cm-
be1zled from the estates of widows,
orphans. from the county and from
the STATE. and tho very records kept
by hin, prove il, said the attorney.
He said there was a further reason.
Cooper was stung by few sarcastic
editorials. he said, but when openly
accused of cmbezzlement he never
said "the town is not big enough for
him and the man who made the
charges.
The defendants counsel replied
that it was never claimed Carmack
was killed because of his editorials
but that Robin Cooper shot him in
sclf-defense
After two hours argument ludge
Hart suggested that the state turn
over the charges against Cooper to
the defense for examination and a re-
cess was then taken
Judge Hart ruled that the state
might ask Cooper If he was ever clerk
and master of chanccry, II he ever
dcfaulted in certain cases and also
whether he did not embe2ale $780,
600
The Jury was brought in ana the
state resumed its cross examination.
The state questioned Colonel Coop.
OF at length regarding his alleged
shortage while clerk and master in
chancery OF Maury county.
II do not admit amy shortage.
admit lack Of business ability IN my
office had my brother and my
brothers son in the office There
were many errors but every soul who
had dollar in that ocice got It out
side and there was never dishonest
act. resigned to enter the legisla-
ture."
Talking of the legislature said
Attorney Fitzhugh. II ask you il you
are the u u. Cooper mentioned in
the legislative records of 1883 who
according to an investigating COM
mlttec paid out 4000 ef the states
money in conjunction with state
Treasurer Polk FOR "a silver mine in
New Mexico2'
Il presume | am
Was 1t not true that NJ. r Polk.
treasurer Of Tennessee, furnished the
money out of the state treasury to en-
gage in the walnut business
NO sir, Polk supplied the money
but I do not know that q dollar ever
came from ths. 'Teasarv
And didn't the same NJ. 7, Polk
take 500. 900 of the states money to
enable you and others to purchase
the Nashville American e'
NO sir; / never heard of H.
"Didn't YOU know that there was
found in ex-Treasurer Polk's box due
bills from you aggregatine S5oOoO?'
1T is an untruth II such were
found they are forgcries
Next the state swung over to the
Sunday before the killing.
Did you tell Mr.. Craig to tell car
mack that your name must not ap-
pear In the Tennessean again aud Il
ii dd. he or YOU must die"
NO, sir"
Did you say this must cease or
the town is not big enough for both
of us o.
II did"
did you mean 1t or was it a
biun?"
II meant It, | have always bcliov-
ed that a man who has a fighting
tongue should keep u fighting body
"You kept fighting body
NO sir. | did not, but the man
who wrote those editorials had II
fighting tongue
4.