The San Francisco call., 1909-02-26

COL. COOPER TELLS
OF CARMACK'S END
State Attempts to Show Con-
Spiracy by Newspapermen
to DistOrt Facts
Aged Defendant Denies Having
Dictated .ImpersOnal State
ment TO Protect Himself

NASHVILLE, Tenn, Feb. 25.-After
nearly two days under searching cross
examination, Colonel Duncan B. Cooper
was surrendered to his own counsel to-
night by the state. Tomorrow the case
against the Coopers and John D. Sharp,
charged with numbering former Senator
T. w Carmack, viii be resumed with
the aged defendant still on the stand.
Governor Patterson and his adjutant
general Colonel Tully Brown, viii be
called TO tell what part they played in
this political tragedy. Brown was in
James Bradford's Office at the confer
ence, which began at 3 p. m. the day of
the tragedy and closed only 90 minutes
before the killing Just as the confer
ence closed, Governor Patterson tele-
phoned for Colonel Cooper. 1t is the
theory Of the defense that while going
10 the governors house the Coopers
met Carmack and that the killing re-
suited.
CONSPIRACY Is CHARGED
Captain Fitzhugh resumed the cross
examination Of Colonel Cooper this
morning. The state tried 10 go into
the political fight which Colonel Cooper
was charged with settling, but the tes-
timony was ruled out.
Colonel Cooper swore he made no
statement for publication dictated
none) on the night Of the tragedy. The
states contention is that If Colonel
Cooper did not give out the details
leading up to the shooting, then the
men who prepared the statement that
was published the next morning had a
knowledge of the details, because they
were in a conspiracy.
The defense fought inch by inch
questions which tended to show on
Colonel Cooper's own testimony that u
statement purporting TO give all the
, facts leading Up to the staying was
prepared by outsiders with assistance
from Colonel Cooper himself, and there
fore this was evidence Of a conspiracy.
INTERVIEW Is DENIED
Colonel Cooper denied that state
ment was prepared at the police station
on the night OF the shooting in the
presence Of Messrs. Bradford, Ewing
(the editor Of the Americanl and Mr..
Conniso. He said he did not see Brad
ford dictate to Ewing and did not know
that all agreed TO put the statement
in the third person. that he might not
be bound by Il or that IL was TO be
used exclusively in the American and
sent out through the Associated Press
by Ewing.
do YOU think anything in any edi-
torial justifes MURDER" Colonel Cooper
was asked.
Nothing ever written justifies taking
human life"
The state then took up the coloneFs
story at the time he left his home the
morning Of the tragedy. and questioned
him as TO every move he made upon
that day. The witness denied ever call
ing Carmack the vile names Miss Lee
swore she heard Colonel Cooper ap-
ply TO the editor.
STORY OF THE KILLING
The state went back to the scene OF
the killing and the Following examina-
ton ensued:
Odd you prepare yourself for
frouble2 Al did, but I did not think
there would be any trouble, unless ]
committed some overt act, and 1 did
nothing TO justify Senator Carmack
in drawing on me-
Q.-You says Senator Carmack did not
stop to talk to Mrs. Eastman? A.-No,
sir He merely tipped his hat, and
started TO pass on.
Q.-When you spoke he reached for
his revolver? Ale did.
Q.-Then What2 Ale pulled it