Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-02-26
THE MURDER OF CARMACK.
rContinued from First Pagej


show that he was openly accused OF
embezzlement, yet he said the town
was not big enough for him and for
the men who made the charges"
Attorney General McCarn declared
the state would carry these alleged
dishonest transactions from 1888 down
to 1908.
Judge Anderson replied for the de-
fense. I'VE never claimed that Sem
ator 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." Anderson said the
Carmack editorials had been placed In
evidence to "show the defendants state
Of mind, not as justification for the
staying"
This argument of the attorneys last
ed about three hours.
Finally Judge Hart broke In with
the decision that the defendant might
be asked IL he was ever clerk and mas
ter in chancery; IL he ever defaulted In
certain cases. and that he might be
asked whether he embezzled 100000
while in office. The jury was then
brought in again.
Cooper testified that while he was
master In chancery five suits were
filed against him. His suretles paid
the money decreed In these suits, the
sums they were required to pay ag-
gregating $4,000.
Now, Colonel Cooper" the witness
was asked, you said you recalled that
your brother paid out $4,000 for mon
eys collected by you and not accounted
for but did not remember the other
penalty. Now state If you do not re-
member now that he paid out two 9TH
er bonds. one for $4,000 and one for
The defense objected hotly and was
sustained.
This missing money" the state ask
ed, was the result Of sale Of property
under orders of the court and came in
to your hands as an officer Of the
court?"
The court ruled out part Of thrs
question and permitted the state to
ask only the penalties paid by his
brothers were not for money which
came to him as a court official.
Colonel Cooper answered In the af-
frmative. The state was unable to
get the items and the names OF plain
tiffs into the record.
At one point Cooper said, regarding
the alleged shortage: II will explain
1t at the proper time"
Explain 1t now"
81 will net explain now," said the
witness hotly, but a moment later he
explained, saying:
81 admit lack Of business ability In
my office There were many errors,
but every soul who had dollar In that
office got 1t out and there never was
dishonest act. OF course, am res
ponsible for the errors and do not shirk
Fitzhugh then asked: Are you the
d. B. Cooper mentioned in the legis-
lative records Of 1883, who according to
an investigating eommitte paid out
$45,0 900 of the states money In con-
junction with State Treasurer Polk, for
a silver mine in New Mexico?"
II presume I am"
After an objection by his counsel
Colonel Cooper said:
~ wish my counsel would permit
the prosecutor to ask any question ne
wants about anything he wants"
Cooper denied that M. T. Polk, treas
urer Of Tennessee, furnished the money
out Of the states treasury to engage in
the walnut business or that he took
$40, 900 Of the states money to enable
Cooper and others to purchase the
Nashville American. He denied that
there was found in ex-Treasurer Polk's
box due bills from him (Cooper).
'T was In the walnut log and silver
mine transactions with Colonel Polk"
said Cooper, but I never handled a
dollar and never paid dollar, but was
given an interest for my services"
He thought Polk was rich.
I'm that walnut log venture In North
Carolina" he was asked, was not $48,-
900 invested by Colonel Polk out OF the
states funds?"
81 do not know never handled any
of the money or believed 1t came from
the state"
"In Colonel Polk's schedule of assets
Is there not an item d. B. Cooper, bor-
rowed money $51,000T"
."T never borrowed 1t and never heard
Of the Item"
Switching to the note of Carmack,
the state asked:
did you say this must cease or
the town Is not big enough for both
of u.s. Did you mean II or was 1t
bluff?"
"T meant It, have always believed
that a man who has a fighting tongue
should keep a fighting body. I meant
to go to Senator Carmack to tell him
that unless the attacks ceased would
expose his public and private affairs
and tonight I do not believe the town
would be big enough for both Of US"
why did you arm yourself?"
For the same reason Senator Car
mack armed himself, to protect my
self"
Cooper said he had several times
owned the American.
Didn't you bring Governor Patter-
son into public life?"
II did not"
Witness denied that he attempted to
secure for himself the office Of state
auditor.
An editorial In the Lancet suddenly
ended the days testimony. The state
had attempted to show that the paper
was owned by Cooper, which the lat
ter denied. Then the editorial was
mentioned. which, It was alleged, Bit
terly attacked Governor Cox during the
Patterson-Cox campaign four years
ago. The state claims that this edi-
torial led to the Tennessean editorial
charging that Cooper had made peace
between Cox and Patterson, and which
editorial angered Cooper and started
his trouble with Carmack.
The court ruled the Lancet editorial
out and a long argument by counsel
ensued. Judge Hart stood firm In his
ruling. He admonished the opposing
attorneys that he was tired Of listen
ing to long speeches and would have
no more Of them during the taking of
testimony.
Court then adjourned until tomor-
row at 9. a. m.
Yesterdays Proceedings.
Nashville, Tenn, Feb. 25.-It was
through last week that the limit In
crowds had been reached in attendance
at the Cooper-Sharpe trial, but the
throng that assembled almost before
dawn made the former crowds seem
small. The cause of the excitement
was a well-defined rumor, impossible
Of confirmation or denial, that Gov
ernor Patterson would take the stand
on behalf Of the defendants as soon as
Colonel Cooper was excused.
When the court opened Judge Hart
said that he would exclude the Lancet
editorial Offered by the state to prove
that the Lancet, in which Colonel Coop
er was interested, printed the original
charges against Governor Cox which
when repeated by Carmack in the Ten
nessean caused Colonel Cooper to say
that either he or Carmack must die.
Captain FitZhugh then resumed the
cross examination Of Colonel Cooper,
commencing with the state debate be-
10 oly nd Do 81,