The Birmingham age-herald., 1909-02-26
Prosecution Pins Aged Defen- dant Down on Various Points
 But Without Effect
GOVERNOR PATTERSON IS
 ID 60 ON WITNESS STAND
ss-Examination of Colonel Cooper Is Completed, But He Will Be Ex- amined Again By the Defense
 to Combat New Testimony.

Nashville, February 25.-After nearly two days under one of the most search ing oss-examinations ever heard in Tennessee court, Col. Duncan B. Cooper was surrendered to his own counsel to- night by the state. Tomorrow the case against the Coopers and John D. Sharp for the staying of former Senator E. W. Carmack will be resumed with the aged defendant still upon the stand His counsel decided upon a redirect exam ination. promising to be brief Whether the state will cross-examine again, and if so how long 1t will last. will depend l of course upon what Colonel Coopers own counsel bring out tomorrow. Immediately after Colonel Cooper is | finally dismissed from the stand Gov l ernor Patterson and his adjutant gen eral Col. Fully Brown, will be called to tell what part they played in this | political tragedy. Colonel Brown was in James Bradford's office at the con ference which began at D. m. the | day of the murder, and closed only 20 minutes before the killing. Just as | the conference closed Governor Patter- son telephoned for Colonel Cooper It is the defense's theory that while go- ing to the governors mansion the Coopers met Senator Carmack and that the killing resulted.
 Striking Feature.
 The cross examination of Colonel Cooper is easily the most striking fea- | ture of the trial thus far. The colonel | is 65 years old, but well preserved He has the reputation of being high spir- 1 ited and easily moved to anger. It was | common rumor that he took the stand against the advice of his counsel. How ever, in Tennessee the defendant who does not take the stand is looked upon with suspicion. Nevertheless all eff forts of the state to confuse the wit ness the subject matter of his direct examination failed. He stuck to his | story, never faltered never hesitated The prosecution did some execution in 1 it's efforts to show that Colonel Cooper l as clerk and master in chancery was short $100,000 and that a legislative in- vestigating committee charged that defaulting state treasurer used nearly $100,000 of the states funds in pro- noting a Mexican silver mine and walnut log company which Colonel Cooper managed The witness insisted however, that every dollar of the chan cery shortage, due to a faulty office system, had been repaid, and that he did not know that the state treasurer. M. T. Polk, was using the states funds in the investment.
 Colonel Cooper Wearied.
 Toward the close of the ordeal this afternoon Colonel Cooper began to show signs of distress. Before time for the lunceon adjournment he asked the court to take a recess until D. m that he might rest and recover his strength. While he appeared fresh and restored when he again took the stand in the afternoon, he soon began to weaken physically. He gave frequent displays of temper, disregarded the or ders of his own counsel, his voice be- came sharp and his manner pettish The states attorneys, to add to his an- noyance, jumped from one point of his narrative to another, asked discon- nected and involved questions. but at 4 D. m gave up the task and left the witness perspiring, flushed and angered but self-satisfed. Counsel for the de- fense stated that they required a few hours to meet the new charges brought by the state and promised to make the redirect examination very brief. Upon this assurance. Judge Hart ordered an adjournment until a. m. tomorrow.
 Still Bigger Crowds
 It was thought last week that the limit in crowds had been reached In attend ance at the trial, but the throng that surrounded the Jail building almost be- fore dawn today made the other crowds look like mere handful of casual pass erbys. The deputies at times had to use force to keep the over-eager men and women from pushing pell-mell into the court room.
 The cause of the excitement was the well defined rumor, impossible of con firmation denial, that Governor Pat terson would take the stand on behalf of the defendants as soon as Colonel Cooper was excused. As the testimony goes on. the name of the governor is being mentioned more freely, hence the public accepted the rumor as fact and determined to be present when the chief executive was called to testify on be- half of the men who have been his able political lieutenants and devoted personal friends.
 Editorial Rejected.
 As soon as court was opened Judge Hart announced that he would refuse to accept in evidence the Lancet editorial which the state offered It was offered by the state to prove that the Lancet, fin which Colonel Cooper was interested, printed the original charges against Gov ernor Cox. which when repeated by Car mack in the Tennessean caused Colonel Cooper to say that either he or Carmack must die.
 Do you want to Lear any more argu- ment?' inquired one of states counsel.
 Bang" came down the judges gavel. "I not only do not want to hear any more. but I do not propose to do so, un- less some attorney feels he will die un- less he gets a speech out of his system. And I want to say that lengthy argu pnnD public's time"
 Colonel Cooper again took the stand and Captain Fftzhugh resumed the re-