Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-02-26


cross-examination.'
Colonel Cooper took the stand again,
and the state, encouraged by the partial
victory, began its grilling.
Suits Against Sureties
How long were you clerk and master
in chancery?"
II was appointed in 1870 and resigned in
1881"
us it not a fact that many suits were
filed against you and your sureties to
recover money which passed through
your hands and which you failed to
charge to yourself?'
Yes. I admit the five suits you men
toned"
And no more?'
And no more, for do not remem-
ber."
And the money was paid by your sure
ties?'
Paid by my brother Edward Cooper,
one of my sureties and by money secur-
ed otherwise"
did not your brother pay large sums
aggregating 100000 as surety on your
bond"'
mo, sir. The sum aggregated $4,000 1
think, the amount of one of the bonds"
II will ask you to tell the jury what
Is the title Of this paper"
1t is entitled John Burk VS.. D. S.
cooper. This paper 3 statement signed
and sworn to by your brother, is it Not?''
1T is"
II will ask you no VITO read this pa
per-"
II will. but 1t will take me some time
as my sight is not good"
Give him a typewriter copy OF It,"
suggested General Washington.
The witness read and said This paper
was written and signed by my brother"
Now, Colonel Cooper, you said you
recalled your brother paid out $4,000 for
moneys collected by you and not accoun-
ted for but did not remember the other
penalty. Now, after reading that paper,
state If you do not remember now that
he paid out two other bonds, one faor
$4,000 and one for $10.000?"
The defense objected holly and was
sustained.
'Does tho r~-a~ WI" have have read
refresh your memory"
mo, It does not, because there are
things In the paper that should be ex-
planned. I admit that the paper is cor
rect"
''This missing money was the result of
sale of property under orders of the court
and came into your hands as an officer
Of the court.
The court ruled out part OF the ques-
ton, but permitted the state to ask II the
penalties paid by his brother were not
for money which came to him as a court
BLOCKED BY COURT.
Colonel Cooper answered in the affirm
alive. The state attempted to get the
Items and names of plaintiffs into the
record but was blocked by the court.
Were these bills not fileU after your
brother had paid the full amount on
the bond?'
Eyes, but meantime my brother had
been in part reimbursed, for the alleged
payment on the surety bond"
Don't you know that the defense you
made against these five bills was that
equalled your entire bond and that,
therefore, no more responsibility rested
with your bondsmen7'
Il do not recollect."
The defense objected because he was
not responsible for the defense Of -
bondsmen and was sustained.
'"This shortage covered a period of
many years, didn't itT'
1T do not admit any shortage"
well 1t sounds like it, doesn't it?'
1T will explain it at the proper time"
Explain it now"
GL5uV ssmoo9R ss9TlIM
1T will not explain now" asid the wit
ness. hotly. go ahead with the ques-
tons"
you know, r. Craig"
LET the colonel explain now" asid
Judge Anderson.
"I admit lack of business ability in my
office. had my brother and my broth
er's son in the office. There were many
errors, but every soul who had a dollar
in that office got It out and there never
was a dishonest act. or course, l am
responsible for the errors and do not
shirk it. I resigned to enter the leg1sla-
ture."
Talking of the legislature. said Fitz-
hugh, 1T ask you If you are the d. B.
Cooper mentioned in the legislative rec
ords OF 1885, who, according to an In
Vestigating committee paid out $4,000 OF
the states money in conjunction with
State Treasurer Polk, for a silver mine IN
New Mexico7"
''I presume I am"
And the committee reported that the
property bought might be subject to pro-
cess of law to recover the money"
Would Answer All Questions
The defense objected and was sus-
tanned.
Then Colonel Cooper said: ct wish my
counsel would permit the prosecutor to
thing he wants.
with due respect to Colonel Cooper"
said Judge Anderson, counsel must still
object to these questions"
The state insisted that it's object was
to show that charges mentioned had
been made publicly and that Cooper
didn't shoot anybody. "But when a
harmless editorial came" said Fitz-
hugh, Cooper was angered fearfully."
go on said the court.
WAS 1t not true that NJ T. Polk, treas
urer of TENNESSEE furnished the money
out of the state treasury to engage in
the walnut businessY'
mo, sir; Polk supplied the money, but
1 do not know that a dollar ever came
from the treasury"
"You promoted that silver mine with
Polk, didn't your
States Money To Buy Newspaper
mo, SIR"
"And didn't the same NJ T. Polk take
$4,000 of the states money to enable
you and others to purchase, The Nash
vile Americana"
mo, sir; l never heard of it."
You did not hear or read of this in
vestigation7"
Never until this minute. I was in
Mexico at the time"
Didn't you know that there was
found in ex-Treasurer Folks box due
bills from you aggregating $50000?"
"It was an Untruth. If such were
found they are forgeries."
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