Evening star., 1909-02-20
so HE BORROWED PISTOL
Sought Through Streets for Parent
to Keep Him From Harm.
OBJECTIONS TO HIS TESTIMONY
Witness Allowed Only to Explain
What Miss Lee Repeated as Hav-
ing Overheard of Threats.

NASHVILLE, Tenn. February c0-The
adjournment Of day seemed only to
whet the appetite OF the curious public
in the trial OF Col. Duncan b. Cooper,
Robin j. Cooper and John p. Sharpe for
the killing Of former Senator Z. ". Car
mack.
When court opened today one OF the
largest crowds ever seen around a Nash
willie courthouse awaited the arrival of the
deputies. One reason was that it was ru-
mored that Col. Cooper would be the first
witness for the defense
Another story had it that mysterious
witness from Missouri. who saw the
shooting. and who had been threatened
with death if he testified. would appear
for the state
AS a result the deputies had no easy
time in handling the throng. Finally
they cleared the aisles and stairways
after the chairs were filled.
Although the attorneys on both sides
| had promised to be ready to proceed
promptly this morning there was tedi-
Gus delay of nearly an hour. Counsel for
| the state appeared first. Then came
Judge Anderson. who asked further in
dulgence OF the court for half an hour.
Meantime, the big crowd chatted and
visited and waited patiently AT 1890
O'Clock Attorney McCarn asked when the
defense would be ready to proceed. This
indicated that the states missing witness
es had not arrived. At II O'Clock the
defendants attorneys filed in
Robin Cooper on Stand
There was hush and then Judge An
derson said
Robin Cooper, take the stand"
murmur of surprise and expectancy
swept over the room. The court raped
for order sternly Some women arose to
see better. Then deputies ordered the
| ladies to remove their hats.
Robin Cooper is a slender, boyish, clear
cut looking youth. He gave his name, his
age as twenty-seSen, his profession as a
lawyer. He said he was SON of D. B.
Cooper and knew John Sharp, the other
defendant, we'll.
In clear voice and with the refined 40
cent of the educated southern man. Coop
er gave brief sketch of his life. He said
he lived with his uncle. James Bradford
| of counsel for the defense and practiced
law in the latters office.
He said he came TO town the morning
of Monday. November O. with his uncle
Mr. Bradford, arriving at o'clock
Did you see your father that morn
ing?"
He came to my Office soon after I ar
rived. He came into Mr.. Bradfords pri-
vate office, where l was in conference
| with Mr.. Davis
Here the defendant described the loca-
ton and plan of the law offices.
Relatives Show Interest.
From the moment her favorite brother
began to talk Mrs. Burch leaned forward
In her chair. looking eagerly into his eyes
and seeming scarcely to breathe as he
| spoke. Col. Cooper. seated next to his
|
fortably back in his chair and apparently
took little interest in the preliminary
questions.
When Robin referred to him as papa"
the colonel smiled and played with his
gray military mustache. The jury be-
trayed much interest.
| Il talked a while and some one called
me to chancery court. where l had case.
going to have some trouble with Mr.. Car
mack.
Objection to Testimony.
| Il object" said Attorney General Nc
learn. 1T is a seIf-serving conversation
and is incompetent"
Amy conversation heard by Miss Lee
is competent. Anything else is not said
the court.
A sharp discussion followed. The record
was appealed to as to what Miss Lee
overheard in the morning of the killing.
1t was disclosed that she had heard ex-
pressions made by Col. Cooper having no
right to use my name and l have a right
to protect myself
| Long argument followed on both sides.
The defense held that 1t had a right
to produce the entire conversation, frag
ments of which Miss Lee had overheard
and repeated on the stand The court
ruled that Miss Lees testimony had
opened the door for this conversation.
Again the state protested and cited au-
thorities. But Judge Hart insisted that
the witness be permitted to explain the
remarks overheard, il he admitted that
they were made.
Judge Anderson then asked the witness:
Did you have more than one conversation
with your father?
''Only one. 1t related to but one sub.
ject."
Relate the conversation
| We object" shouted the states at
torneys.
Sustained said the court. You can
explain the remarks heard only.
did your father make the remarks
Miss Lee repeated?
'He did
I'm what connection were they NADER"
Afraid of Trouble.
"They were made in reply to state-
ments of mine. He said he was afraid
of trouble i asked him why. He said
|
paper had been printing editorials at
tacking his character. and. as he put 1t.
shooting poisoned arrows.
HE said it was becoming unendurab.e.
He said he had seen Mr.. Craig the
| night before and told him to tell Car
| mack he must cease using his name In
| his paper. He said Mr.. Craig returned
| and said he had seen Carmack but Car
mack would agree to nothing.
LAS I remember 1t Mr.. Craig said 10
| papa that Carmack was In a vicious
| humor and mood. He said he also told
| Craig to tell Carmack that unless he
ceased using his name the town was not
| big enough to hold them both.
Il was greatly worried and said ! be-
lieved my uncle could bring influence 10
| bear to show Carmack the injustice OF his
course. 1t was then that papa said: He
had no right to use my name. and have
a right to protect myself.
| Papa said he believed Mr.. Bradford
could help In the case arr would see him
later in the day. In the no.antime he said:
ICoptfuued on Twelfth Pa2a.l