Daily press. [volume] (Newport News, Va.) 1896-current, 1909-02-25

him twice"
, Anderson said III" tarmack editO !
rails had been placed IN evidence To
show the defendants state ol mind,
not as Justification Tor the Stay
ing
This argument Of thu attorneys last
| ed about three hours.
Finally Judge Hart brok" in with
| the drcla ration thai the defendant
might be- asked If il" was ever clerk
and master in Chanr"rN; il he ever
irfaulted in certain cases and that II"
might he asked wH"thrr he "mheHzlrd
, $lOn OOU while In office.
| The Jury was tA"n brought IN
! again.
| Sureties Paid Shortage.
! Cuorcr testified that while he was
master in chancrry lN" suits wer"
iilrd against him.
| His sureties paid III" money de-
| scriled in the suit argrc2ailng $40,
| 0uO
Now. Colonel Cooper. the witness
was asked, you said YOU recalled
! thar your brother paid out S+o,o0'
, for moneys collected by yon. and not
accounted for. but did not remember
! the other penalties now state If yon
do not remember now he paid ont
! TWO other bonds, "n'' for $40, and
one for 10000"
The defense Objected holly AMI was
| sustained
This missing money, the star"
! resumed was the result, of the sale
OF property under orders q: tn" court
and came into ,Our hands as an OF
ficer Of the court"
Court Rules Out Point.
The court vailed ont parr of this
! question and permitted the state tot
ask only il the penalties paid b"
his brother were not for money which
came 10 him as 4 court official.
| Colonel Cooper answered in the ar
! firmative. The state was unable tot
get the items and the names oi
Plaintiffs into the record.
| AT one point. Cooper said. regard
ing the alleged shortage Il will ex-
plain it at the proper time.
! Explain 1t now.
Il will not explain il now" said
the witness hotiN. hut moment la
| ter he explained. saying: Il admit
| lack of business ability in nv office.
There were many errors. bHt every
soul who had a dollar in that office
got it out. and there never was a ,
, dishonest act. Or course, | am re-
sponsirle for tn" errors and do not
| shirk it,
states Money for silver Mine.
FitZhugh then asked: Are you the
| ID B. Cooper mentioned in The legis-
lative, records of 1889. who according
| to an Investigating committee. paid
out $45 900 OF the states money in
conjunction with State Treasurer
Polk for a silver mine in New Mex
| ic0?'
Il presume I am"
After an objection by his counsel.
| Colonel Cooper said Il wish my
! counsel would permit the prosecutor
| 70 ask any question he wants about
| anything he wants.
| Cooper denied that ". T. Polk, treas
urer of Tennessee. furnished the mon.
ev out of the states treasury to en-
gage in the walnut log business. or
that he took $4,000 of the states
money to enable Cooper and others
to purchase the Nashville American
| He denied that there was found
in ExTreasnrer Folks box due bills
from him (CoOper.)
Was in With Polk.
| Il was In the walnut log and sill
| yer min. transactions with Colonel
Polk said Cooper. but never
| handled a dollar. but was given an
interest for my services"
In that walnut log venture in
/ North Carolina" he was asked, was
no, $3.50 invested by Polk out OF
| the states funds?'
| Il do not know. I never handled
any OF the money nor believed II
| came from the state"
! In Colonel Folks schedule of as
| sets. is there not an item: ID. b.
Cooper. borrowed money. 1000
! Il never borrowed it and never
heard Of the item"
Switching TO the note to Carmack.
the state asked:
Did you say this must cease or
the town is not big enough for both
of u.s. Did YOU mean ii or was it
bluff"
How Threat Was Meant.
meant il. have always believed
that p man who has q fighting tongue
should keep fighting body. ! meant
Ito 20 TO Senator Carmack to tell him
THAT unless the attacks ceased. u
would expose his public and private
laffairs. and then I do not believe
1.-THE town would be big enough for
both OF us
Why did YOU arm YOURSELF?
For the same reason Senator Car
mack armed himself-to protect my
self
Cooper said he had several times
owned the American.
Didn't you i~ing Governor Patter-
son into public lfe?
u did not
Witness denied that he attempted
to secure for himself the office OF
state auditor.