The Barre daily times. (Barre, Vt.) 1897-1959, 1909-02-25
COOPER TELLS
OF SHOOTING
He Says That Senator Car
mack Fired the First Shot
WITNESS HAD NOT DRAWN
Colonel Cooper Wished to Have an Amic-
able Settlement When He Went to
Meet carmaclc--Had No Pistol
In His Hand.
WITNESS HAD NOT DRAWN

Nashville, Tenn, Feb. 25r-The usual
crowd gathered Mt the court house yes
terday anxious to hear the cross-ex-
animation Of Colonel Duncan b. Coop
er, on trial with his son, Robin and
John d. Sharp, for the Staying Of for
mer Senator Chrmaok.
General Washington took up the line
of questioning where ne left off last
night. Colonel Cooper said that as
they approached Seventh avenue Robin
and Sharp were in front Of him. Robin
turned and urged him TO hurry. This
aroused his suspicious and he turned and
saw Carmack He decided TO have a
plain talk with him. He saw Carmack
speak TO Mrs. Castleman and he said:
'eMr. Carmack."
The latter, the witness said, at once
drew his revolver and stepped in front
of Mrs. Eastman, pulling her between
them.
Colonel Cooper continued: HE had
his pistol in his hand and he passed in
front Of Mrs. Eastman. ! made no
hostile movement. | think / said that
1t was damned cowardly to get behind
a woman with pistol in his hand"
Defendant denied that he had his re-
volver out or had any purpose of shoot
ing Carmack. He added:
Senator Carmack got around the
post and at the same time Robin got
in between us In second Carmack
shot between the poles and Robin got
around them. Then, for the first time
/ saw Robins revolver and saw him
shoot"
did you have your pistol QUIT"
Not until after Robin was shot.
Then / drew my gun, but saw Car
mack was down and that Robin was
shot. put my revolver back in my
pocket"
Inc defendant said FIVE shots in all
were fired He then told of handing
his revolver over to Sergeant Reid in
Doctor Forbes infrmary, where he took
his wounded son and said his gun was
still unfred.
what about Robins pistoll"
"Some officer other than Reid got It.
Robin told me the gun was in his over
coat pocket. do not recall getting it
out"
Captain Ftzhugh Of the state. began
cross-examination. He asked the col
onel few questions as to his earlier
career, and then reading him some pa
pers asked:
"Ara these some bonds executed by
You in 1870
"They are.n
"They are bonds you gave as clerk
and master and aggregated $4,000
Il think so"
Fitzhugh read the bonds. They were
given when Colonel Cooper was master
in chancery Of Manry county.
The witness was asked 10 identify a
suit Of petition filed bv j. X. and E. T.
Cathy against d. B. Cooper and asked
if he were the d. B. Cooper mentioned
in it. He said he was.
Following an examination Of the pa
pers. Ftzhugh asked:
"Are you not charged with appro- |
priating to your own use 1851, the pro
ceeds of sale of land and did you
not confess judgmentf"
Don't answer" interrupted Judge |
Anderson. "This incident occurred in
1889 and the supreme court has held
that charges very remote may not be
brought into case against mans |
There was wrangle over admitting
the charge and the jury retired. Ftz-
hugh resumed,
1--WE propose TO show that this de-
PENDANT, Colonel d. b. Cooper, is a de-
faulter and an embezzler to the extent
Of over 100000"
But there is further reason for
this question. We have heard of the /
colonel's deep sense of honor; how
stung he was by few sarcastic edi-
torials. But wei viii show that he was
openly accused Of em1bezzlement, vet he
never said the town was not big enough
for him and the men who made the
charges"
Judge Anderson replied for the de
Tense
1--WE never claimed that Senator Car
mack was killed because Of these edi-
toriaIs," he said "0ur theory ID that
Robin Cooper killed Senator Carmack
self defense, as the senator had shot
him twice"
For two hours the attorneys argued
rlnaily Judge 1T suggested that the
state turns nd charges against Col
onel Cooper 3he defense for examina
ton and that recess be taken.
The suggestion was adopted.