Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-02-26

would try to prove that Colonel Coop
er was a defaulter to the extent OF
over 100000, while clerk and master
of chancery in Maury county. This
precipitated a bitter fight between
counsel during which harsh words
were used and much anger displayed
despite the forts Of Judge Hart to
hold the reins tightly.
The state won a partial victory and
straightway sprang another surprise
It resurrected some old legislative rec
ords concerning an investigation into
alleged defalcation of State Treasurer
M. Il. Polk in the early eighties. They
onered to prove that thousands OF dol
lars of the states money was invested
by Polk with Col. Duncan B. Cooper
and others in Mexican silver mine
scheme, a walnut log scheme In North
| Carolina and scheme to buy the
Nashville American.
Colonel Cooper admitted that there
were Irregularities in his office Of clerk
and master In chancery, but said they
were due to bad management and poor
book keeping, and that every dollar
was made good. He admitted that Polk
was his partner in the ventures named,
but declared that he (Cooper) never
handled a 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
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.
When court adjourned the cross-ex-
animation had reached only the COM
mencement Of the trouble, the early
editorials. Tomorrow the state should
reach the actual killing.
1t is likely from the length to which
the state is going on the colonel's cross
examination that the witness will be
on the stand all day tomorrow.
Today's testimony began with Colo
mel Cooper's description Of the shoot
ing.
Robin urged me to hurry" he said.
Il told him to wait a minute. He and
Sharpe stopped and caught UP. Then
he grabbed me and said Let's hurry,
papa. The nervous grasp of his arm
aroused my suspicious and intuitively
l turned and saw Senator Carmack.
Instantly I decided to go over and have
plain talk with Carmack to see II
this affair which was worrying my
friends, my children and myself, could
not be stopped. The impulse came
over me at once when I saw him, to
go over and talk to him and have an
understanding.
First I thought I'd wait for him.
Then I thought that might carry some
significance, so walked towards him
saw him speaking to Mrs. Eastman.
said Mr.. Carmack.' He threw up his
head as though he had not seen me
and at once drew his revolver and step
ped in front Of Mrs. Eastman, putting
her between us and stepping toward
the curb. He was five or six feet from
the curb when I called his name"
What next?"
He had his pistol in his hand and
passed in front of Mrs. Eastman. Mrs.
Eastman became wildly excited and
grabbed the old man with her. made
no hostile movement"
What did you say?"
| II said, I think, that It was damned
cowardly to get behind a woman with
pistol in his hand"
Did you have revolver out?"
Not at that time"
Did you have any purpose Of shoot
ing or killing him."
mo, sir"
| Did you say have the drop on
you?"
Il did not, for 1 did not have the
drop on him."
Senator Carmack got around the
| post and at the same time Robin got
in between us. In a second Carmack
shot between the poles and Robin got
around them. Then for the first time
saw Robins revolver and saw him
shoot"
did you have your pistol out?"
Not until after Robin shot. Then
drew my gun and saw Carmack was
down and that Robin was shot, so
put my revolver back in my pocket
and went to my son."
| How many shots were fired?"
Five in all. Mr.. Carmacks reports
were first and louder than those from
Robins pistol"
Colonel Cooper said that he then
took Robin to an infirmary, was him
self placed under arrest, and surren-
dered his revolver He said the revol-
yer was still unfired Witness did not
recall having made the remark after
he reached the hospital to keep other
people out of this rsom," that he did
| IlOI walt W nave W
He did not remember what accusations
Mrs. Eastman made after the shooting
Captain Fitzhugh, for the state, then
began the cross examination. He pro-
duced some bonds purchased by Coop
er in 1870, aggregating $6,500. They
were given by Colonel Cooper when he
was master in chancery Of Maury coun-
ty. Cooper identified a petition filed
by J. R. and E. L. Cathey against
himself. He admitted that he confess
ed Judgment on this petition and the
charges therein.
Are you not charged with appro-
priating to your own use 1851, the pro-
ceeds of a sale of land on which you
did not confess Judgment" Colonel
Cooper was asked.
Don't answer" interrupted Judge
Anderson. This incident occurred In
1888. If we try all these old chancery
cases again here today and we know
how much in dispute these chancery
suits are, we will be here all year.
1.-THE LAWYERS began to argue and the