The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-02-25

Nashville. Feb. 24-col Duncan B.
Cooper. who, with his son, Robin J.
Cooper. and J D. sharp. IS charged with
the murder OF ex-senator Carmack, was
the only witness examined to-day. con-
tinugng the testimony begun yesterday
He occupied the stand for FIVE hours,
during which time the proceedings were
unusually interesting
AS soon as the state entered upon the
cross-examination counsel for that side
sprung another OF the series Of sensa-
tons that have marked the progress Of
the case by the allegation that the wit
ness was q defsulter TO the extent OF
10000 while filing the Office Of clerk
and master OF Maury County many years
ago This was. Of course. intended as an
attack on the credlbility OF the witness.
The attorneys for the defense immedl-
atsly entered an objection
After long argument. in which most
Of the attorneys participated, Judge Hart
ruled that the State could ask the Wit
ness II by virtue OF the Office Of clerk
and master certain funds had come into
his hands and he had failed 10 properly
account for them Should the witness
not remember. his memory might be re-
freshed. II. on the other hand. he denied
Il. that ended the matter.
Used Public Money.
After Judge Hart had ruled as 10 the
Introduction OF evidence Capt C. 7. Fitz-
hugh, Of counsel for the prosecution. who
conducted the cross examination. brought
up the matter Of a report Of a legislative
investigation committee made quite a
number Of years ago. In this report re-
ference IS made 10 the effect that n T
Polk, ex-Sta1e treasurer, D. 3 Cooper
and NJ T. Polk had bought a silver
mine in Mexico. S59o00 OF the purchase
money being taken. It was alleged. from
the State treasury. When counsel for
the defense objected 70 the question. Col
Cooper requested them not to interpOse.
saying that he wished the attorneys for
the State 10 ask him any question they
wished along that line and that ne would
be glad 10 answer them.
Witness then said that il was true NJ
T. Polk was engaged with him in the
walnut business in North Carolina, but
not 10 his knowledge was a single dollar
invested in the enterprise furnished by
Mr.. Polk from the treasury Of the State.
AS 70 the mine in Mexico. Col. Cooper
said he was associated with NJ. Polk
IN that enterprise, but he was not "a
promoter" He said the mine turned out
10 be worse than nothing.
Witness denied that after the defaIca-
ton OF Treasurer Polk there had been
found in that officials safe orders
aggregating S4oe9O OF S5aO00 bearing his
signature, declaring that IL such docu-
ments had been discovered they we're
forgeries
Decision Is Reserved.
After counsel for the State had en-
deavored 70 introduce certain editorials
in the Lancet. q campaign paper pub
Ished during the contest between Gov.
Patterson and ex-Gov. Cox for the guber-
material nomination and with which Col
Cooper said he was connected in an ad-
visOTy capacity. a very spirited argu-
ment ensued, and Judge Hart reserved
his decision until tomorrow.
During the Interim between the intro
duction Of the questions as 70 Col. Coop
er's administration OF the Office Of clerk
and master and Of his connection with
the Lancet. witness was questioned in
regard TO the shooting OF CsTmack he
said. speaking Of his conversation with
eX-State Treasurer Craig. who voIun-
teered TO Try and effect an amicable set
tIement Of the differences between wit
ness and Mr.. CarmaCk. growing out OF
the Tennessean editorials. 70 which Col.
CoOper's attorney objected:
"I' said this must cease or the town
would not be big enough 10 hold Us both.
I have always believed in a man that had
a fighting tongue having a fighting body.
He said his purpose in meeting Mr. Car
mack was 10 expostulate against the use
OF his name IN the paper daily