Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1909-02-24
HAD NO INTENTION
OF KILLING SENATOR
When He Saw His Enemy He De-
Clded to Talk to Him. But
CarmaCk Drew His Gun
and Began Fir
ing.

Nashville, Feb. 24.--An unusual big
crowd gathered at the court house to-
day to hear the cross examination ,f
Col Duncan B. Cooper In the Cooper
sharpe trial for the staying of former
Senator Carmack In response to
questions the witness said that as he
approached Seventh avenue on the
day of the shooting In company with
his son Robin and the defendant
sharpe, his son took hold of his arm
and urged him to hurry. The nerv-
Gus grasp aroused his suspicion and
intuitively he turned and saw Car
mack.
Instantly 1 decided to go over and
have plain talk with Carmack,"
said the Witness" and see If this af-
fair which was worrying my friends,
my children and myself couldn't oe
stopped
When you started out did you in
tend to meet him?"
mo sir. The impulse came over
me at once when / saw him to 20
over and talk to him.
Colonel Cooper said that when he
spoke to Carmack the latter drew up
his head as though he had not seen
him and at once drew his revolver.
just before this Carmack had spoken
To Mrs. Eastman, and when he drew
his revolver he Tailed Ms. Eastman
betaseeu himsSl. asn N,ocr
II had made no hostile move said
the witness
What did you say?''
Il said thought that Ii was damn
ed cowardly to get behind a woman
with pistol in his hands,
Did you have your revolver out?'
Not at that time"
Did you have any purpose of
shooting or killing him2"
mo sir. Senator Carmack got
around behind post and at the same
time Robin got In between us In A
second Carmack shot between the
poles and Robin got around them.
Then for the first time | saw Robins
revolver and saw him shoot"
The witness said he did not draw
his revolver until after Robin was
shot. He then drew his gun but saw
that Carmack was down and that
Robin was shot so he put it back i'm
his pocket He said that five shots IN
all were fired.
Cooper told of surrendering him.
self and of turning over his revolver
TO the police sergeant The gun was
still unfred, he said.
The states attorney then handed
the witness some bonds given when
Cooper was master in chancery of
Maury county. He asked him to
identify the petition in the suit filed
against him in which he was charged
with approprlating money tto his own
use.
The defendants attorney instructed
him not to answer and appealed to
the court, claiming that the charges
were too remote 10 be brought in the
case against Cooper's character. The
jury retired and argument over this
point was begun. The states attor-
ney told the court he proposed to
show that Cooper was an embez2ler
to the extent of over 100000. thus
TO show to the jury just how much
credit should be placed on his Words
I'VE propose 10 show that he en-
bezzled from the estates of widows,
orphans, from the county and from
the state, and the very records kept
by him prove it," said the attorney.
He said there was a further reason
Cooper was stung by a few sarcastic
editorials, he said but when openly
accused Of embezzlement he never
said "the town is not big enough for
him and the man who made the
charges"
The defendants counsel replied
that il was never claimed Carmack
was killed because of his editorials.
but that Robin Cooper shot him ia
selt-defense.
After two hours argument Judge
Hart suggested that the state turn
over the charges against Cooper TO
the defense for examination. and a re-
cess was then taken.