Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-26
j. H. 0'REIL.LY CO.,
Albuquerque, N. M.

had better be abandoned ana the
facts of the case gone into.
did you tell Robin Cooper on No
vember . hat you expected trouble
with Carmack?" the witness was then
asked.
II said something to that effect
he replied.
The defense fought mel by inch
the questions that tended to show by
Colonel Cooper's own testimony that
the statement purporting to give all
the facts leading up to the shooting
was prepared by outsiders, without
assistance from Colonel Cooper him-
self and that therefore his is evil
dence Of a conspiracy. This is the
statement that was given to the press
after the killing.
Then the income Of the witness was
gone into, and he explained that he
owned 800 acres of land and at times
represented the Louisville n Nash
Vile railroad and was also agent for
4 New York syndicate in Honduras
He declared that he had only once
looked after legislation for the rail-
l0Ull ana lildl WIS ttllt III IN wynn
He was their tax agent.
Several times the prosecutor asked
if he had paid any Of his debts with
money received from different sources.
"What do You 10 with the income
from your FARM" he was asked.
use it to live on, only a few
months ago | drew $1,000 from this
farm and heard that an old Ken
lucky soldier was in dire need. /
took the entire $l,O50 and gave it to
him. They have pictured my dark
deeds. Let's have some of my light
ones. | never told this before to any
one. not even my daughter
You owed many debts, thcn?'
Il did"
$50. YOU were generous before You
were just"'
"Ir YOU choos to put it that way.
There are higher obligations between
mar and man than mere pecuniary
ones
After a recess taken at the request
of the witness. Colonel Cooper was
asked:
"can you name any editorial that
was written by Carmack which
charged you with being a CRATER
eyes. sir. the Memphis News
Scimitar's editorial Of March 10,
1905"
but YOU said today that the edito:
Of that paper now said he wrote 1t
not Carmack.
but ] do not believe it. / think
ana believe Carmack wrote IT,
what Mas there in this cditotial
to make YOU want to take huiaal
life?"
Nothing on earth would make me
want to take a human life except IN
aolf defense Of my own
do you think anything in any
editorial justified murderY' colonel
Cooper was asked.
Nothing ever written iustiiies tax
ing human NE"
The state tncn took up the colonel 5,
$ ory at the time he left his home.
.,ho morning Of the tragedy and liirs-
toned him as to every move he made
that day. The witness denied ever
calling Carmack the vile names MISS
Lee sWorc she heard Colonel cooper
apply to the editor. The witness
cool at first, became very excited
and several times his voice broke as
he angrily denied the charges maze
bv earlier witnesses for the state. He
mopped his forehead with his hand
korchief and tugged at his sparse
gray mustacho, moving restlessly III
his chair. The state seemed to rea-
lie the aged mans condition Tor ue-
spite the protests of the opposing
counsel and the directions 81 inc
nudge. questions often ruled out we're
repeated.
do YOU gamble, colonel
Very often. Mr.. Fitzhugh. just as
YOU 10
And for large suns
well. that depends upon what n
means by large sums | nave LOST
more than | ever Won
The state next went back to the
scene Of the killing.
-.Ysu determined to avoid Mr.. Car
mack. but all of a sudden YOU chang
cd your min and started over to see
the senator"
"ExaciIv-a sudden impulse
Did you prepare Yourself for trou
bic ?"
Il did. But ! did not thiAk there
would be any trouble unless COM
mitted some overt act, AID did
nothing to justify senator Carmack
lin drawing on nc"
WHEN you spoke he reached FOR
his revolver"
He did"
Their what?"
"He pulled it out with hrs riEh'
and put his LEFT over 10 the same
pocket. Then he stepped BEHIND MIS-
Eastman
aDid you tell him to get from be
hind the woman"
NO sir. I said. It's damned
~eowardly to get behind a woman with
"a ~resolver in your hand
What upxtq"