The Montgomery advertiser., 1909-02-26
New Interest Added to Cooper Trial. ADJUTANT-GENERAL BROWN WILL ALSO GO ON STAND Col. Duncan Cooper Rattles Prosecuting Counsel. The Cross s-Examination of the Aged Defendant Has Been the Most
 Striking Feature of
 the Trial So
 Far.

Nashville, Tenn, Feb. 25-After near ly two days under one of the most searching cross-examinations ever heard in a Tennessee court, Colonel Duncan B. Cooper was surrendered to his own counsel tonight by the State
 Tomorrow the case against the Coop CTS and John D. Sharp for the staying of former United States Senator E. w.. Carmack, will be resumed with the aged defendant still upon the stand. His counsel have decided upon re- direct examination, promising to be brief. Whether the State will cross examine again and If so how long 1t will last. will depend. of course, upon what Colonel Cooper's own counsel bring out tomorrow.
 Immediately after Colonel Cooper Is dually dismissed from the stand. Gov ernor Patterson and his Adjutant Gen eral, Colonel Pulley Brown. will be called to tell what part they played in this political tragedy. Colonel Brown was in James Bradfords office at the conference which began at p. m, the day of the murder. and closed only twenty minutes before the killing. Just as the conference closed Governor Pat terson telephoned for Colonel Cooper.
  going to the Governors mansion the Coopers met Senator Carmack and that the killing resulted.
 Couldn't Confuse Him.
 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 spirited and easily moved to anger. It he stand against the advice of his coun- sel. However, in Tennessee. the de- tendant who does not take the stand Is looked upon with suspicion. Neverthe- less, all efforts of the State to confuse the witness on the subject matter of his direct examination failed. He stuck to his story, never faltered. never hes ttated. The prosecution did some ex- seution in its efforts to show that Col onel Cooper, as Clerk and Master in Chancery was short s100.000 and that @ legislative investigating committee charged that a defalting State Treas urer used nearly $100,000 of the States funds in promoting a Mexican silver mine and a walnut-log company which Colonel Cooper managed. The witness insisted, however. that every dollar of the chancery shortage, due to faulty office system, had been repaid and that he did nor know that the State Treas urer, NJ. T. Polk, was using the States funds in the investments.
 Towards the close of the ordeal this afternoon, Colonel Cooper began to show signs of distress. Before time for the luncheon adjournment. he ask cd the court to take recess until 2 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 fre- Quent displays of temper. disregarded the orders of his own counsel, his voice became sharp and his manner pettish. The States attorneys. to add to his an- noyance. jumped from one point of. his narrative to another, asked diSconnect- ed and involved questions. but at { p. m.. gave up the task and left the wit ness, perspiring, flushed and angered but self-satisfied.
 Counsel for the defense stated that they required a few hours to meet the new charges brought by the State and promised to make the redirect exami- nation very briei. Upon this assurance Judge Hart ordered an adjournment until a. m. tomorrow.
 The Lancet Editorial.
 As soon as court was opened, Judge Hart announced that he would refuse to accept in evidence The Lancet edi- torial which the State offered. It was offered by the State to prove that The Lancet, in which Colonel Cooper was interested. printed the original charges against Governor Cox, which, when re- peated by Carmack in The Tennessee an, caused Colonel Cooper to say that either he or Carmack must die.
 Do you want to hear any more ar gument? Inquired one of the States counsel.
 uPoono aon,o aou-~ +bo I,5,o,a .x.,, ell. T not only do not want to hear any more. but do not propose to do so. unless some attorney feels he will die unless he gets a speech out of his system. And I want to say that lengthy argument must stop. We are wasting the public's time"
 Colonel Cooper again took the stand and Captain Fitzhugh resumed the cross examination. commencing with the State debate between Carmack and Patterson during the last gubernato- rial campaign.
 The witness was asked If the Nash vile papers did not report this debate in full and If he ever read of Carmack's attack upon him in The American. He said he had not read 1t, but he believ- ed the papers did not publish the de- bate in full.
 ''Didn't you say he attacked you near ly every day in this debate?"
 T said practically every day"
 The witness was meant to tell what he meant by practically, but refused to say until ordered to do so by the court
 T know what 1t means" he said "and so does the jury. If you do not 1t Is your fault.
 Do you remember what he said?"
 T can refer to my notes and tell you."
 'FYou have notes?"
 "Yes sir.
 "Where did you get them?"
 From the stenographer who took the debates"
 You got these notes since the trial began"
 Yes sir"
 "Who else told you of the attacks?"
 "John Sharp and Governor Patter- son and hundreds of others told me |"
 "Why. there were only forty-tive de bates
 Informed by Hundreds.
 But I heard from hundreds of peo- nla of the attacks. ] scarcely ever met a man who attended the debates that did not tell me of the attacks"
 what were the facts of this attack the words |'
 T didn't recall except the one about