The Montgomery advertiser., 1909-02-25
STATE TRIES
 TO PROVE
tCont,nu.d frSn Page O,e.)

the oath of once as Master to faith fully account for all funds that passed through his hands.
 He was ssked to identify a suit or petition filed by a J. R. and E. l.. Cathey against ID. B. Cooper and asked if he were the D. B. Cooper mentioned in 1t. He said he was.
 The defense objected vigorously and demanded to see the petition.
 Then General Washington said:
 We tried to get these papers when we heard this attack was to be made. but were informed the State had them. Thus we ask for time to ex- anime them"
 Assails Ceoper's Character.
 After examinaing, Fitzhugh said: sDidn't you confess judgment on this petition and the charges thereinfe
 The record will show that; l do not remember"
 The witness examined the paper and saidl that the State's attorney was correct. Next Fitxhugh offered to read the bill and put the charge in evidence. The defense objected, but were overruled.
 Are you not charged with appro- priating to your own use 1851, the proceeds of . sale of land. and did you not confess judgment?"
 Don't answer." interrupted Judge Anderson. "1'his incident occurred in 1e83. and the Supreme Court has held that charges very remote may not be brought into a case against a mans character. If we try all these old Chancery cases again here today. and we know how much in dispute these Chancery suits are. we will De here all year."
 All the attorneys for the defense ar- gued against the admission of these charges with great vigor.
 The State replied through Fitxhugh. but after the first sentence the de- fense demanded that the jury retire. This was done and Fitzhugh resumed: . We propose to show that this de- fendant, Col. D. B.. Cooper, is de- faulter and an embezzler to the extent of over $100.0o0. We propose to prove this beyond doubt. and thus to show to the jury just how much credit they should place in his words. We pro- pose to go further and prove by court records that his own brothers cana into court and admitted~that the de- fendan. is a defaulter.
 We propose to show that he embez- Nxled from estates. from widows and orphans. from the county and from the State and the very records kept by. him prove 1t.
 But there Is a further reason for
 
 Coloners deep sense of honor: how stung he was by few sarcastic edi- torials. But we will show that he was openly accused of embezzlement yet he never said the town was not big enough for him and for the men who made the chargesr'
 Attorney GeneSal McCarn followed Fitzhugh and declared that they would carry these dishonest transactions from 1883 down to 1908, and that they were not too remote.
 Judge Anderson replied for the de- fense:
 We never claimed that Senator Carmack was killed because of those editorials. Our theory is that Robin defense, after the Senator had shot him twice.
 Do you mean to say.' interrupted F1tzhugh, that you have not forced the editorials written by Carmack into evidence here. as tending to show that Colonel Cooper was driven almost mad by these attacks upon his honor?"
 "we have" replied Anderson. "to show the defendants state of mind. not as a Justification for the staying.
 For two hours the attorneys argued. Finally Judge Hart suggested that the State turn over the charges against Colonel Cooper to the defense for ex- animation and that an adjournment be taken until 2 o'clock. The suggestion was adopted.
 After noon recess Judge Anderson resumed his argument against the in- troductfon of any, records tending to show that Colonel Cooper had been guilty of embezzlement. He declared that even indictments for embezzlement against Colonel Cooper If they existed would not be admissible.
 For nearly an hour Judge Anderson cited cases and decisions in support of his contention. Captain Fftzhugh replied.
 Court Allows Questions.
 Finally Judge Hart broke in with the decision that the defendant might