The Birmingham age-herald., 1909-02-26

LOT bne SNnulCa1e. What else?" T was agent for the Louisville and Nashville"
 What doing?" Looking after taxes"
 And after legislation?''
 Went To Honduras.
 Never but once and then always in the open 1 resigned to go to Hon duras"
 This employment was when the legis- lature was trying to raise the taxes of the Louisville and Nashville?'
 ''I don't know"
 Did you resign voluntarily"
 T did and have in my pocket let ter from J. M. Dickinson, general coun- sel of the Louisville and Nashville. thank ing me for my services and offering to re-employ me-" Did you carry that letter ever since?' No, sir. 1 got it because l knew you had searched the state from one end to the other to get anything that would , hurt and because the papers in some places charged that l was lobbyist"
 Did you not give Mir. E. B. Craig an order for four months salary on the Louisville and Nashville in advance, and didn't you resign in one month ?"
 Yes. But when I gave him the or ders l had no intention of resigning and would have borrowed it from Craig without the order"
 Did you pay Craig out of the Hon duras salary?"
 "No sir"
 How much did you get there?"
 "I got $500 month"
 Did you pay any debts?"
 Business Failure.
 T don't know. l have always been a business failure from lack of business capacity"
 What do you do with your income from the farm?'
 Use it to live on. Only few month ago I drew $1O50 from this farm and heard that an old Kentucky soldier was in dire need. l took the entire s1050 and gave it to him. They have pictured my dark deeds, let's have some of the light ones. I never before told this to anyone, even my daughter"
 You owned many debts then?"
 q did"
 And you gave the money away that belonged to them?"
 "I presume so."
 "so you were generous before you were just?"
 If you choose to put it that way
  man and man than merely pecuniary ones."
 The witness then turned to the court and said
 Judge, I am very tired. Cannot you adjourn court until o'clock this aft ernoon. I am an old man and am very tired. However, if you insist, I can go on."
 NO sir" said the court. "we will be n eriV n rest. The court stands adjourned un- til 2 p. m"
 Colonel Cooper Rests.
 Colonel Cooper declined to consult with his attorneys during the recess. but insisted on lying down. so when the session was resumed he was feel ing much refreshed.
 The state handed him the editorial of November g. entitled, The Diplomat of the Zweibund.''
 The witness was asked to take the editorial up and tell wherein 1t re- f1ected on his character.
 "The general attacks had been upon my integrity and when the editorial says Who grafted the dead bough upon the living tree and caused to blossom and bourgeon and bear golden fruit this to me meant that I had caused or induced golden graft
 'It was the first editorial that mem tioned your name?"
 'It was"
 And you really believed that the golden fruit meant graft?"
 q did"
 Where do you see any malice in this editorial?"
 Why it starts out with an untruth- that l had caused reunion between Cox and Patterson"
 I1,,+ T proud to have accomplished this?"
 "Yes, but I did not
 News-Scimitar Editorial.
 Can you name any editorial that was written by Carmack which charged you with being a grafter?"
 .'Yes sir, the Memphis News-Scimitar editorial of March 15, 1908"
 But you said today that the editor of that paper now says he wrote it. not Carmack?"
 But l do not believe it. I think, and believe Carmack wrote it."
 The state took the editorial sentence by sentence and asked the witness ex- planaton of how it was offensive He said every word was offensive.
 "Did you go to Louisville July 23 last to meet Governor Cox?"
 q did not I have not been to Louis- vile in a year.
 Did you go to Pulaski to meet Gov ernor Cox?'
 q met Governor Cox there at his re- quest last summer to help him in his campaign for the senate"
 "Did you bring about the reconcilia- tion?"
 No sir. It was brought about by Cox and Patterson themselves and it was ar ranged by letters.
 What was there in this editorial to make you want to take human life?n
 Nothing on earth would make me want to take human life except in defense of my own" DO you think anything in any editorial justfes murder?" Nothing ever written justifies taking human life" Day of Tragedy. The state then took up the colonel's story at the time he left his home on the morning of the tragedy and ques- tioned him very searohingly as to every move he made upon that memorable day. The witness denied ever calling Carmacll the vile names Miss Lee swore she heard Colonel Cooper apply to the editor. Fltz- hughs questions came faster and were pitched in a higher key The witness. cool at first, became more excited and several times his voice broke as he an- ] grily denied the charges by earlier wit l nesses for the state. He mopped his | forehead with his handkerchief and | tugged his sparse grey mustache. nov | ing restlessly in his chair. The state seemed to realize the aged mans con l dition. for despite the protests of the 1 opposing counsel and the directions of l the judge, questions-often those ruled