The Birmingham age-herald., 1909-02-25


 pie out of the room, that you did not want to kill another man?"
 q do not remember. I protested against an indescriminate crowd in the room. l did not say that I didn't want to have to kill another man, for I had not killed one.'
 Did Mrs. Eastman make any aecu- sations against you after the shoot ing?"
 T know she said something. but my interest was eentered in Robin and I got only a vague impression as to her, an excited woman. talking"
 "Cross-examine the witness"
 cross-Examination.
 Captain F'itzhugh of the state arose to begin the examination and the audience with a murmur leaned for ward to catch every word. The attor- ney asked the colonel few questions as to his early career and then handing him some papers. sa i'd:
 Are these some bonds executed by you in 1s7O?r
 They are"
 The defense objected but the court permitted the question.
 They were bonds you gave as clerk and master and aggregated S56 ,000?n
 I think so. You have the bonds"
 Fitzhugh read the bonds and their reasons. They were given when Colonel Cooper was master in chancery Of Maury county.
 The witness said he was a brother of Edwin and Henry Cooper and took the oath of office as master to faith fully account for all funds that passed through his hands. He was asked to identify suit on petition filed by J. R. and k. L. Cathey against D. B. Cooper and asked if he were the D. B. Cooper mentioned in 1t. He said he was.
 Demand for Papers.
 The defense objected vigorously and demanded to see the petition. Then General Wa Washington said: We tried to get these papers when we heard this attack was to be made but were in- formed the state had them. Thus we ask for time to examine them?"
 After examination Fitzhugh said: Didn't you confess judgement on this petition and the charges therein?"
 "The record will show that, I do not remember"
 The witness examined the paper and said that the states attorney was cor rect. Next Fitzhugh offered to read the bill and put the charge in evidence The defense objected but were overruled.
 Are you not charged with appro- priating to your own use s3O1. the pro- ceeds of a sale of land, and did you not confess judgment?s
 Don't answer" interrupted Judge Anderson That incident occurred in 1888 and the supreme court has held that charges very remote may not be brought into a case against a mans character. If we try all these old chancery cases again here today, and we know how much in dispute these aHn h1 year."
 All the attorneys for the defense argued against the admission of these charges with great v1gor.
 Jury Retires.
 The state replied through Fitzhugh but after the first sentence the defense demanded that the jury retire. This was done and Fitzhugh resumed: We propose to show that this defendant Col D. B. Cooper, is a defaulter and an emb ezzler to the extent of over S100,000. We propose to prove this be- yond doubt and thus to show to the jury just how much credit they should place in his words. We propose to go further and prove by court records that his own brothers came into court and admitted that the defendant is a de- faulter.
 we propose 10 snow that ne em- bezzled from estates from widows and orphans, from the county and from the state. The very records kept by him prove it.
 But there is further reason for this question. We have heard of the col oners deep sense of honor, how stunned he was by a few sarcastic editorials. But we will show he was openly ac- cused of embezzlement, yet he never said the town was not big enough for him and the men who made the charges"
 Attorney General McCarn followed Fitzhugh and declared they would carry these dishonest transactions from 1883 down to 1908 and that they were not too remote.
 Claim of seIf-Defense.
 Judge Anderson replied for the de- fense We never claimed that Senator Carmack was killed because of those editorials. Our theory is that Robin Cooper killed Senator Carmack in self defense. after the senator had shot him twice"
 Do you mean to say" interrupted Fitzhugh, that you have not forced the editorials written by Carmack into evidence here, as tending to show that Colonel Cooper was driven almost mad by these attacks upon his honor?"
 we have" ireplied Anderson "to show the defendenat's state of mind not as a justification for the slaying." For two hours the attorneys argued. Finally Judge Hart suggested that the state turn over the charges against Col onel Cooper to the defense for exam nation and that an adjournment be taken until o'clock. The suggestion was adopted.
 Many Cases Cited.
 For nearly an hour Judge Anderson cited cases and decisions in support of his contention. Captain Fitzhugh re- piled.
 Finally Judge Hart broke in with the decision that the defendant might be asked if he ever was clerk and master in chancery; if he, ever defaulted in cer- tain cases.
 If he says he does not remember" the court added .the state may refresh his memory. If he says, 'No, then that settles it."
 And may we ask him if he did not embezzle s10o,000 while in officer" inquired Fitzhugh.
 Yes; l think you may"
 But your honor will not permit them to ask him if his brothers ever admit ted he was short in his accounts" said Judge Anderson.
 No, sir; not yet. And as to the re- moteness of these transactions The word remote is capable of many interpretations Where there is series of events con- nected together it should be left to the jury to judge of their weight and the jury may consider the remoteness of the event on weighing the testimony. Bring in the jury gentlemen and resume cross examination"