The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-02-24
COL. COOPER
TESTIFIfS

house today to hear the cross exami-
nation of Col. Duncan B. Cooper, N
the Cooper-Sharp trial for the Staying
| of former senator Carmack- The wit
ness said as he approached Seventh
avenue on the day of the shooting in
company with his son, Robin and the
defendant Sharp, his son took hold OF
his arm aud urged him to hurry. The
nervous grasp aroused his suspicious
and he intuitively turned and saw Car
mack. =
Instantly decided to so over and
have plain talk with Carmack," said
| the witness, land see if this affair.
which was worrying my friends, my
children and myself, could not be stop
ped"
when you were called out did you
propose to meet him?"
mo sir, the impulse came over me
at once when l saw him, to go over
and talk to him."
Col. Cooper said that when he spoke
to Carmack, he threw back his head
as though not to see him, and at once
drew a revolver. Just before this Car
mack had spoken to Mrs. Eastman and
when he drew his revolver, he pulled
the latter between himself and Coop
er. - 49,
81 had made no hostile movement .
said the witness.
What did you say
81 said i think that 1t is damned
cowardly to get behind woman with
pistol in his hands.
Did you have a revolver?'
Not at that time"
Did you have any purpose of shoot
ing or killing him?"
mo sir, Sen. Carmack got around
the post and at the same time Robin
hot
mack shot between the poles, and
Robin got around them and then for
the first time 1 saw Robins revolver,
and saw him shoot"
The witness said he did not draw
his revolver until after Robin was
shot and then drew his gun, but saw
that Carmack was down and that Rob
in was shot, so put it back in his
pocket. He said in all five shots were
fred.
Cooper told Of surrendering himself
and turning over his revolver to the
police sergeant, still unf1red, he said.
The states attorney then handed the
witness some bonds given when Col.
Cooper was master in chancery of
Maury county. He was asked to fdenti-
fly the petition in a suit filed against
him, in which he was charged with
misappropriating money to his own
use. The defendants attorney 1nStruc-
ted him not to answer and appealing
to the court, claimed that the charges
were too remote to be brought into
the case against Cooper.
The jury retired and the argument
of the matter was begun. The states
attorney told the court he proposed to
show that Cooper was an embezzler to
the extent of over 100000, in order to
show to the jury just how much cred
it could be placed on his words.
1--WE propose to show that he en-
bezzled from estates, from widows and
orphans, from the county and from
the state, and the records kept by him
prove it, said the states attorney.
He also said the was further reason
to show that Cooper was ,Etungs by the
few sarcastic editorials, baft when he
was openly accused OF embezzlefnEnt,
he never said the town was not big
enough for him and the greHt 9zzn
who made the charges. The defend
ants counsel replied that it was new
er claimed Carmack was killed be-
cause of the editorials, but that Rob-
| in Cooper shot him in self defense.
After two hours argument, Judge
Hart suggested that the state turn ov-
er the charges against Cooper to the
defense for examination, and a recess
was then taken.