The Montgomery advertiser., 1909-02-25

ter in chancery; if he ever defaulted in certain cases. E
 If he. says he does not remember" the cdhrt added, the State may re- fresh This memory. If he says No then that settles it,"
 And may we ask him if he did not embezzle $100.000 while in ofiicer' in- quired Fitzhugh.
 Yes, I think you may"
 But your honor will not permit them to ask him if his brothers ever admitted that he was short in his acc counts? said Judge Anderson. No. Sir. not yet And as to the re- word remote is capable of many inter pretations. Where there is a series of events connected together 1t should be left to the jury to judge of their weight and the jury may consider the remoteness of the event on weighing the testimony. Bring in the jury. gen. | tlemen and resume cross examination" !" Colonel Cooper took the stand again and the State, encouraged by the par | tial victory began its grilling. How long were you Clerk and Mas 1 ter in Chancery?"
 T was appointed fin 1870 and resign ed in 1ss1."
 'Is it not fact that many suits were filed against you and your sure
  through your hands and which you failed to charge to yourseifT' v
 Yes. admit the five suits you mentioned"
 And no morer'
 And no more. for do not remem- ber." ."And the money was paid by your sureties?"
 Paid by my brother. Edward Coop CT. one of my sureties and by money secured otherwise Surety Paid Out Money.
 Did not your brother pay large suns aggregating $1Oo,ooo as surety on your bond?"
 'No sir. The sum aggregated s4o.- 900. think. the amount of one of the
 "I will ask you to tell the jury what Is the of this paper"
 Ut is entitled John Burk vs. D. B. Cooper" '"This paper is a statement signed and sworn to by your brother. is it not"
 Tt lis."
 T will ask you now to read this pa-
 q will, but 1t will take me some time. as my sight is not good" l Give him a typewritten copy of it." suggested General Washington. The witness read and said: This paper was written and signed by my l brother"
 Now. Colonel Cooper. you said you recalled your broth CT paid out $40, 900 l for monies collected by you and-uot accounted for, but did not remember the other penalty. Now. after reading the paper. state if you do not remem- Der now that he paid out two oth CT | bonds. one for $40.000 and one for SIG, ,000?"
 The defense objected hotly and was sustained
 Does the paper you have read re- l fresh your memory?'
 ''No, 1t does not. because there are things in the paper that should be ex- plained. I admit that the paper is correct"
 l This missing money was the result of sale of property under orders of the court and came into your hands as an officer of the court?"
 The court ruled out part of the question but permitted the State to ask if the penalties paid by his brother were not for money which came to him as a court official.
 Colonel Cooper answered in the af | frmative. The State attempted to get the items and names of plaintiffs into lthe record but was blocked by the I court.
 Were these bills not filed after your brother had paid the full amount on the bond?"
 ''Yes, but meantime my brother had been in part reimbursed for the alleg- ed payment on the surety bond"
 Objection By Defense.
 Don't you know that the defense you made against these five bills was l that the nanQ1fiag maid " vnn ties equalled your entire bond and that, therefore. no more responsibility rested with your bondsmen?'
 "I do not .recollect." lThe defense objected because he was not responsible for the defense of his bondsmen and was sustained.
 This shortage covered 8 period of many years, didn't it?'
 'T do not admit any shortage"
 Well. it sounds like it. doesn't it?''
 'I will explain 1t at the proper time"
 Explain 1t now"
 "I will not explain now" said the witness hotly. Ego ahead with the questions."
 You know Mir. Craigf"
 Let the colonel explain now" said Judge Anderson.
 "I admit lack of business ability in my Ofnce. l had my brother ana my brothers son in the office. There were many errors. but every soul who had a dollar in that office got 1t out and there never was a dishonest act Ot course I am responsible for the er- ros and do not shirk 1t. I resigned to enter the Legislature"
 Talking of the Legislature" said Fitzhugh, "I ask If you are the D. B Cooper mentioned in the Legislative records of 1883, who according to an Investigating committee. paid out S45.- 900 of the States money in conjunc- ton with State Treasurer Polk, for a silver mine in New Mexico?"
 T presume I am."
 And the committee reported that the property bought might be subject to process of law to recover the money"
 Then Colonel Cooper said: "I wish my counsel would permit the prosecu tion to ask any question he wants about anything he wants"
 With due respect to Colonel Coop err. said Judge Anderson, Counsel must still object to these questions
 The State insisted that Its object was to show that charges mentioned had been made publicly and that Coop CT did not shoot any body.