The Washington herald., 1909-02-26

Nashville. Feb This was one Of the
most important DAYS in the trial Of Col
Duncan 3. Cooper. Robin J. Cooper,
and John D. Sharp, charged with the
murder Of ex-senator Csrmsck- The
cross-examination cf Col. Cooper. which
began yesterday. was continued, and
lasted untn late in the afternoon, when
counsel for the state announced that
they would commence the redirect ex-
animation in the morning. 70 which time
the court was adjourned BY Judge Hart.
COL Cooper was taken through a rigid
cross-examination. conducted By G. T.
Fitzhugh. one Of the leading attorneys
of Memphis Much Of the evidence
sought to be brought out by the state
was objected 10, and some Of the objec-
tons were sustained
Il was evident from the beginning Of
the days session that counsel for the
state intended TO make an attack upon
the credibinty Of Col Cooper. but when
the attack was made. witness was ready,
and there was more than one passage az
arms between the defendant and Mr..
FIzhugh.
Col Cooper was handed q copy OF the
Nashville Tennessean. OF which paper
Carmack was editor-in-chief az the time
Of his death, and he was ssked II II
was not the only one in which his name
was used. This paper contained the
editorial entitled The Dip
lomat Of the Zweibund." and although the
defense objected Judge Hart held that it
was competent.
YELLED InsizuatIoRs.
In reply Col Cooper said
"AH along. the references had been
veiled insinuations Of corruption and the
part which offended most was Who
grated the dead b9ugh 20 the living tree.
and caused II 70 blossom and burgeo1,
and bend with golden fruit?
This fnsinustes that I was bending TIE
political situation for the golden fruit
thereof"
This reference was 70 the reconciliation
OF Gov. Patterson and ex-Gov- Cox. who
had been political enemies for some time.
and for which reconciliation Col Cooper
was 70 have been principally responsible
Witness further stated that the edi-
torisI started out with an untruth. that
he would not have been offended at being
called a diplomat if the term had not
been used in q yelled and insinusting
manner. Witness said in reply 20 a Ques-
ton as 70 the authorship Of a News
Soimitar editorial Of March I5. I99S. thst
re believed Senator Carmack had written
H. He construed the article as rejecting
upon him
lie denied that he had ever tried 10 CT
feet a coalition OF the DemQcratic and
Republican elements. He denied that he
had spoken in very abusive terms 70
Carmaek, and declared that he had en-
deavored on the day Of the shooting 70
avoid a meeting with AR Carmack-
GambIed q Good Deal.
Col Cooper. in reply to questions by
Mr.. Fitzhugh. said that he had repre-
sented the Louisville and Nashville Rail-
road and a New York syndicate with in
terests in Honduras. and derived small
income from a farm.
You've gambled great deal have
you not. colonei2- was asked.
Yes. a great deal just as you have. -
replied the colonel
You have lost and won many thou-
sands?"
I've lost more than I ever won.
Col. Cooper then retold the story Of
the meeting with Carmack and OF the
tragedy
Adjournment was then taken.
Col. Cooper Is the most important wit
ness IN the case He Is also most diff
cult to cross-exsn1ine. for his knowledge
OF law and practice in the courts is as
extensive as that Of Mr Fitzhugh. who
conducted the OsS-eX2mi0atiOn for the
State. and this adds 70 the difficulty OF
the examination. Caustic and cynical at
times in his prosecuting examination. Mr..
Fitzhugh also kept his head. He adapted
himself TO his man. and the result was a