Daily press. [volume] (Newport News, Va.) 1896-current, 1909-02-26
Elder Defendant in CarmaCk Murder
Case Gets Through Trying Cross
Examination Ordeal.
GOVERNOR TO Be CALLED TO STAND
Duncan Cooper Surrendered by State
to His Own Counsel-Shows Much
Testiness on Stand-Admits He
Often Drops Into Profanity-State
Makes Considerable Roadway.

NASHVILLE. TENN. Feb. %,
After nearly two days. under one
of the most scorching cross examina-
tons ever heard in a Tennessee court.
Colonel Duncan B. Cooper was sur
rendered to his own counsel tonight
by the state.
Tomorrow the case against the
CoOpers and John ID. Sharp. for the
Shaving Of Former Senator Carmack.
will be resumed with the aged de-
PENDANT still upon the stand
His counsel have decided upon re-
direct examination, promising 10 be
brief.
Immediately after Colonel Cooper
l., finally dismissed from the stand
Governor Patterson and his adjutant
general Colonel Tully Brown. will be
called to tell what part they played
in this political tragedy.
Colonel Brown was in James Brad
ford's office at the conference. which
began at D. NJ. the day of the muir
der and which closed only thirty
minutes tefore the killing.
Patterson 'Phoned FOR Cooper.
Just as the conference closed Gov
ernor Patterson telephoned for Colon
el Cooper.
1t is the defense's theory that while
going to the governors maDsion the
Coopers met Senator Carmack and
the killing resulted.
The cross examination of Colonel
Cooper is easily the most striking
feature of the trial thus far. The
colonel has the reputation of being
high spirited and easily moved to an
ger. 1t was common rumor that he
took the stand against the advice OF
counsel. However. in Tennessee, the
defendant who does not take the
stand Is looked on with suspicion.
Prosecution Makes Headway.
The prosecution did some execution
in its efforts to show that Colonel
Cooper as clerk and master in chan
Gerry, was short 100000, and that
legislative investigating committee
charged that defaulting state treas
uurere used nearly 100000 of the
states funds in promoting Next
can silver mine, and walnut log
company. in which Colonel Cooper
was interested and managed.
The witness. insisted. however. that
every dollar Of the chancery short
age, due to faulty office system.
had been repaid and that he did not
know that the state treasurer, M. T.
Polk was using the states funds in
the investments.
Colonel Cooper gave today frequent
displays of temper and disresarded
the orders of his own counsel. The
states attorney. to add to his annoy
ance. jumped from one point OF his
narrative TO another. asked discon
nected and involved questions.
Cooper Takes Stand.
When court opened Judge Hart an
nounccd that he would refuse as evil
dcnce the Lancet editorial which the
state offered. Cooper again took the
stand and Captain Fitzhugh resumed
the cross examination. commencing
with the debate between Carmack
and Patterson during the last guber
material campaign.
Witness said Carmack attacked him
rcarl: every dav in this debate.
What were the facts Of this at
tack. The Words" Fitzhush asked.
Il do not recall. except the on"
about the Angel with the smell OF
he'll On his wings.
Don't you know he never said
h~ii?''
Yes
You use The word he'll nftrn?
e! certainly do It's favorite word
Of mine. and I use IL whenever ! want
to"
Defense Counsel Uneasy.
Fitzhugh was on his feet firing
GIcstions rapidly aud Judge Anderson
said: L wish counsel would avoid
these exciting demonstrations.
Let him alone said Cooper. let
him alone He can't brighten me-.
can parry his attaCks."
Cooper said the first attack In these
debates was when Carmack called
him a boi;cr.
Witness explained that in voting
for General Russell against Governor
Patterson for governor. he did not
holt. bccausc they were two regular
Democratic tickets in tho ficld. TIC
objected. hc said. also. to Carmack'S
statement that hc dominated Govern
or Patterson a man who vas big
ger man than 7 am and who was nv
friend u was aimed to hunt and
sIur him"
Coopcr explained an incident VIZ n
alongside tho pictures OF the Dcr'r
r-,t;c xfatc candidates there WIS