The Birmingham age-herald., 1909-02-25
Nashville Trial Is Full Of Ex- citing Incidents And
 Testimony
MUCH ANGER DISPLAYED
 BY OPPOSING COUNSEL
Colonel Cooper Concludes Ills Direct Testimony and Then Is Subjected to Severe Chilling By
 Prosecution.

Nashville, February 24.-After day replete with exciting incidents and in- teresting developments the session of the Cooper Sharp trial for the murder of former Senator Carmack closed with the aged defendant, Col. D. B. Cooper still upon the stand. The direct exam ination of the colonel. which began early yesterday morning lasted until nearly noon today. Almost the first thing the state did on cross-examina- ton was to announce that it would try to prove that Colonel Cooper was a. defaulter to the extent of over $100,000 while clerk and master of the chan cery court in Maury county. This pre- cipitated bitter fight between counsel during which some harsh words were used and much anger was displayed, despite the efforts of Judge Hart to hold the reins tightly.
 The state won a partial victory and straightway sprang another surprise. 1t resurrected some old legislative records concerning an investigation into the dedication of State Treasurer M. T. Polk, in the early sos. They offered to prove that thousands of dol lars of the states money was invested by Polk with Colonel Duncan B. Coop CT and others in a Mexican silver mine scheme, a walnut log scheme in North Carolina and scheme to buy the Nash 1 vile American.
 Irregularities Admitted. Colonel Cooper admitted that there
 were irregularities in his office as clerk l were due to bad management and poor bookkeeping, and that every dollar was
 made good. He admitted that Polk was l his partner in the ventures named but
 declared that he (Cooper) never ham
 died dollar of the money and had no
 Knowledge that 1t was taken from the
 states strong box.
 ] Colonel Cooper made an excellent | witness, but one hard to handle even 1 by his own counsel Repeatedly he
 urged Judge Anderson to let the state ask "any questions on any subject" and at times, answered over his own attorneys objections. Now and then he displayed great heat. but he did not contradict himself upon any point True,
 when court adjourned, the cross-exam- i lndllOu Hdu IedNu6u Ouly tue com mencement of the trouble, the early editorials. Tomorrow the state should reach the actual killing. It is likely from the length to which the state is going on the colonels cross-examination. that the witness will be on the stand all day tomorrow. Usual Big Crowd. The usual big crowd gathered at the courthouse early this morning. There | was the usual rush to get seats, for | today began the cross-exa minatio of | Col. Duncan B. Cooper. There were not so many women in the throng, how ever, but they arrived later and many l an unfortunate man who had spent sev- eral hours waiting for a seat found himself elected from it by hard | hearted deputy before he had been in it an hour in order to make room for a woman. There was some delay caused by conference of counsel for the de- l fense but finally they pushed into the bar followed by the defendants and | their host of relatives and friends. Gen eral Washington nodded to Colonel Cooper and the colonel walk ed over to the witness chair As he passed his youngest daughter. Mrs. Beverly Will son, she squeezed his arm affection ately.
 Testimony Resumed. General Washington took up the line of questioning where he left off last night The colonel said as they approached Seventh avenue Robin and Sharp were in front of him.
 Robin turned and urged me to hurry l told him to wait a minute. He and Sharp stopped and I caught up Then he grabbed me and said Let's hurry. papa The nervous grasp of his arm aroused my suspicious and intuitivelv I turned and saw Senator Carmack h. stantly I decided to go over and have a plain talk with Carmack to see if this affair which was worrying my friends, my children and myself could not be stopped
 When you started out did you pro- pose to meet him?
 No. sir. The impulse came over me at once when I him, to go over and talk to him and have an understanding"
 When Robin caught you by the arm did he try to move you toward Sem ator Carmack or away from him?"
 Away from him. north.f Now, tell what happened in your own way"
 Went to Carmack. Well. I saw Senator Carmack coming up. First I thought I'd wait for him. Then l thought that might carry some significance so l walked toward him. I saw him speak to Mrs. Eastman. I said, MT. Carmack He threw up his head as though he had not seen me and at once drew his revolver and stepped in front of Mrs. Eastman, putting her be- tween us and stepping toward the curb. He was five or six feet from the curb when l called his name."
 What next?''
 ''He had his pistol in his hand and pa ssed in front of Mrs. Eastman. Mrs. Eastman became wildly excited and grabbed the old man with her. I had made no hostile movement"
 What did you say?'
 'I said. l think, that 1t was damned 
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