The Topeka state journal., 1909-02-24
.CARMACK KILLING
Staying of Former Tennessee
United States Senator
LIS Described by the Elder Cooper
on the Stand.
HE HAD HIS GUN OUT
But Witness Swears He Did Not
Fire a Shot.
His Son and the Victim Did All
the Shooting.
HE HAD HIS GUN OUT

usual big crowd gathered at the court
house today to hear the cross ex-
| animation of Colonel Duncan B.
Cooper in the Cooper-Sharp trial for
the Staying of former Senator Car
mack which was scheduled to begin
today.
! General Washington took up the
| line of questioning where he left off
last night. Colonel Cooper said as
they approached Seventh avenue
Robin and Sharp were in front of
him Robin turned and urged me to
hurry. 1 told him to wait a minute.
! He and Sharp stopped and I caught
up. Then he grabbed me and said:
| Let's hurry, papa
| "The nervous grasp of his arm
aroused my suspicion and intuitively
/ l turned and saw Senator Carmack
/ Instantly, ! decided to go over and
nave plain talk with Carmaek to see
| If this affair which was worrying my
| friends, my children and myself, could
not be stopped
when you started out did you pro-
pose to meet him?''
| mo, sir. The impulse came over
me at once when 1 saw him, to go
| over and talk to him.
Now tell what what happened"
| ''Well, 1 saw Senator Carmack COM
| ing up. First 1 thought 1 would wait
for him. Then 1 thought that might
| carry some significance, SO I walked
Eastman. I said:
Mr.. Carmack.' He threw up his
head as though he had not seen me
and at once drew his revolver and
pulling her between US and stepping
toward the curb. He was five or six
feet from the curb when I called his
name
Pistol i'm His Hand.
haH nix tnI n h i0
passed in front of Mrs. Eastman
Mrs. Eastman became wildly excited
and grabbed the old man with her.
had made no hostile movement"
What did you say?"
81 said, think, that it was damned
/ cowar6ly to get behind woman with
pistol in his hand"
Did you have a, revolver out?"
mot at that time
did you have any purpose of
shooting or killing him ?"
mo, sir. Senator Carmack found
the post and at the same time Robin
got in between u.s. In a second Car
mack shot between the poles and
Robin got around them. Then for the
first time I saw Robins revolver and
saw him shoot"
did you have your pistol out?
'fNot until after Robin was shot.
Then I drew my gun but I saw Car
mack was down and that Robin was
shot, so I put my revolver back in my
pocket"
How many shots were fred"
Give in ALL
What next?''
robin attracted my attention
where he was leaning against the
post"
'.I took him to an infrmary. Ser
You are my prisoner I said: You are
entitled to my revolver them and gave
it TO him"
WAS that gun still unired?"
1T was"
What about Robins pistol?"
''Some officer other than Reid got it.
Robin told me the gun was in his ov-
ercoat pocket. 1 do not recall getting
Il out"
Cross Examination.
CAPTAIN Fitzhugh of the state, began
the examination
The attorney handed him some pa
pers and asked:
Are these bonds executed by you
in 1902"
They are"
"They were bonds you gave as clerk
and master and aggregated $56,OOo?"
Il think so.''
The bonds were given when Colonel
Cooper was master in chancery of
The witness was asked to identify
a petition filed by ]. r. and E. L
ed if he were the D. B. Cooper men
toned in it. He said he was.
Didn't you confess judgment on this
petition and the charges therein?"
The witness examined the paper and
said that the states attorney was cor
rect.
Are you not charged with appro-
priating to your own use 1851, the pro-
ceeds of sale of land and did you not
confess judgment?"
Don't answer" interrupted Judge |
Anderson. This incident occurred in |
1883, and the supreme court has held |
that charges very remote may not be |
brought into a case against mans
character The jury retired. All of
the attorneys for the defense argued
against the admission of the charges
The state replied through Fitzhugh.
Cooper's Record Attacked.
1--WE propose to show" said he, /
that this defendant, Colonel d. B.
Cooper, is a defaulter and an embez-
zler to the extent of over 100000.
doubt and thus to show to the jury
lust how much credit they should
place in his words. We propose to go
further and prove by court records
and admitted that the defendant Is
defaulter.
bezzled from estates, from widows and
orphans. from the county and from
the state and from the very records
kept by him, prove it.
sBut there is a further reason for
this question. We have heard of the
coIonel's deep sense of honor. How
stung he was by few sarcastic edf-
toriais. but we will show that he was
openly accused of embezzlement, yet
he never said the town was not big
enough for him and great men who
made the charges