The Birmingham age-herald., 1909-02-25

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 The defense objected hotly and was sustained
 Does the paper you have read refresh your memory?'
 No. it does not because there are things in the paper that should be ex- plained. 1 admit that the paper is cor rect"
 This money missing was 4he result of the sale of property under orders of the court and came into your hands as an officer of the court9'
 The court ruled part of the question out, but permitted the state >4o ask if the penalties paid by his brother were not for money which came to him as court official.
 State Is Blocked.
 Colonel Cooper answered in the affirma- tive. The state attempted to get the items and names Of plaintiffs into the record but was blocked by the court.
 You say these bills were not filed af- ter your brother had paid the full amount on the bond?'
 Yes. but meantime my brother had been in part reimbursed for the alleged payment on the surety bond"
 Don't you know the defense you made against these five bills was that the pen alties paid by your suretles eaualled your tiAil . bDuh' anu llldtt iAO AioAO responsibility rested with your bonds men?"
 T do not recolleet.'
 The defense objected to this, holding he was not responsible for his bonds mems actions and was sustained.
 This shortage covered a period of many years did not it?''
 T do not admit any shortage"
 Well, 1t sounds like it, does it not?' xrril1 yr1 s., fba ffr,aa Explain 1t now"
 Colonel Cooper fingered.
 T will not explain now" said the wit ness hotly. 'Go ahead with the ques- tions." You know MT Craig?n
 Let the colonel explain now inter rupted Judge Anderson.
 T admit lack of business ability in my office. I had my brother and my brothers 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. Of course am responsible for the errors and do not shirk it. I resigned to enter the legisla ture.'
 Talking of the legislature" said MT. Fitzhugh, q ask if you are the D. B. Cooper mentioned in the legislative rec ords of 1883, who, according to an inves- tigating committee paid out $45OO0 of the states money in conjunction with State Senator Folk for silver mine in New Mexico.?'
 T presume.''
 And the committee reported that the property bought might be subject to process of law to recover the money" Colonel Cooper then said: T wish my counsel would permit the prosecutor to ask any question he wants about any thing he wants"
 Judge Anderson Objects.
 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 Coop CT did not shoot anybody; but when harmless editorial came Cooper was angered fearfully,"
 Go on," said dfhe court
 Was it not true that M. T. Polk, treasurer of Tennessee, furnished the money out of the state treasury to en- gage in the walnut log business?"
 NO sir Polk supplied the money, but I do not know that dollar ever came from the treasury"
 You promoted that silver mine with Polk, did you not?''
 No sir"
 And didn't the same NJ. T. Polk take s10000 of the states money to ena ble you and others to purchase the Nash vile American?"
 "No sir, never heard of It."
 You didn't hear or read of this in- vestigation?"
 Never until this minute. I was in Mexico at the time"
  found in ex-Treasurer Folks box due bills from you aggregating $50,o00?"
 Tt was an untruth. If such were found they are forgeries."
 T ask that you strike that out of the record" said Judge Anderson.
 Let it stay in, don't care" said the witness, I'm not afraid"
 Question Ruled Out.
 "No, we won't" retorted Judge An derson. The court ruled with the de- fense and notified the jury to disre- gard the question and answer. The state next asked Colonel Cooper if he ever read in the Nashville American the sworn statement of Col. J. c. Flem- ing. He had not and stepped vigorously over to the states table to read it.
 "Is the statement true?"
 No sir, not the statement. I was in the walnut log and silver mine transactions with Colonel Polk, but never handled a dollar and never paid a dollar, but was given an interest for my services"
 While you were partner of the state of Tennessee
 q never was a partner of the state treasurer. I was a partner of Colonel Polk"
 You knew he was poor man thought"
 No sir I thought he was rich.'
 You knew he invested $35,000 in one enterprise?'
 No sir, knew he put in large amount"
 'Is s35 000 a large amount"
 Tt is to me, just now
 Walnut Log Venture.
 "In that walnut log venture in North Carolina, was not $4S,000 invested by Colonel Polk out of the states funds?" "I do not know. I never handled any of the money or believed it came from the state"
 Tn Colonel Folks schedule of assets is there not an item ID. B. Cooper bor rowed money. $51,O00?"
 q never borrowed it and never heard of the item"
 Was it not generally published at the time that Treasurer Folks down. fall was due to his business asso- ciates?"
 The defense sent a dozen rapid fire objections whi the court sustained, but Colonel Cooper insisted on an- swering "No" vigorously over his own counsel's strenuous commands not to do so. Next the state swung over to the Sunday before the killing.