Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-24
COOPER'S PAST DUG UP
Robbed Widows, Orphans and
State, Oecare Prosecutors.
ASSAULT ON HIS HONOR
Asserted That Embezzlements Con.
tinued From 1883 Until 1908.
JURY Is EXCLUDED FROM ROOM
Effort to Show That Defendants In
tegrity Did Not Warrant Sense Of
Insult Against Carmack.

NASHVILLE, Tenn, February o4.-The
usual big crowd gathered at the court
house today. anxious to hear the cross
examination of Col. Duncan B. Cooper. on
trial with his son, Robin Cooper. and
John D. Sharp for staying former Sena-
tor Carmack. There were not so many
women present as yesterday.
AS Col. Cooper walked to the witness
chair he passed his youngest daughter.
Mrs. Beverly Wilson, who squeezed his
arm affectionately.
Cooper's Story of Duel.
Gen. Washington took up the line OF
questioning where he left off last night.
Col. Cooper said that as they approached
7th avenue. Robin and Sharp were in
front of him.
robin turned and urged me to hurry.
told him to wait a minute. He and
Sharp stopped and / caught up.
Then he grabbed me and said: Lets
hurry, papa The nervous grasp OF his
arm aroused my suspicious and intui-
lively 1 turned and saw Senator Car
mack
Instantly l decided to go over and
have plain talk with Carmack to see IL
this affair, which was worrying my
friends, my children and myself, could
when you started out did you propose
to meet him."
mo, sir The impulse came over me at
once when | saw him, to go over and
talk to him.
Now, tell what happened, in your own
way"
well, I saw Senator Carmack coming
up. First thought I would wait for him.
Then 1 thought that might carry some
significance, so I walked toward him.
II saw him speak to Mrs. Eastman. 1
said. Mr. Carmack' He threw up his
head as though he had not seen me and
At once drew his revolver and stepped In
front of Mrs. Eastman. pulling her be-
tween us and stepping toward the curb.
He was five or six feet from the curb
when 1 called his name"
What next?'
He had his pistol in his hand and he
passed in front of Mrs. Eastman. Mrs.
Eastman became wildly excited and grab
bed the old man who was with her.
had made no hostile movement
What did you say?'
cowardly to get behind a woman with a
pistol in his hand
did you have a revolver out?"
Not at that time"
No Intent to SIay.
Did you have any purpose of shoot
ing or killing him."
mo. sir
did you say, L have the drop on
your
Il did not"
What happened next?"
We'll, Senator Carmack got around the
post and 1T 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
DID you have your pistol out?"
of
l drew my gun. But l saw Carmack was
down and that Robin was shot. So l put
my revolver back in my pocket"
How many shots were fired?'
Five in ALL"
What next?'
Robin attracted my attention. He was
leaning against the post, and I could see
he was wounded. 1 took him to DR.. Forts
infirmary.
"Sergt. Reid came in then and said:
You are my prisoner / said: You are
entitled to my revolver then,' and gave it
to him.
WAS that gun still unfired?"
''It was"
What about Robins pistol?'
"Some officer other than Reid got II.
Robin told me the gun was in his over
out"
do you recall saying to keep people out
of the room. that you did not want to kill
another man.
Did Mrs. Eastman make any accusa-
tionS against you after the shooting?"
II know she said something. But my
interest was centered in Robin. T got only
vague impression of her as an excited
woman talking
Cooper Under Crossfire.
Capt. Fitzhugh of the state then began
a cross-examinaton. The audience leaned
forward to catch every word.
The attorney asked the colonel a few
questions as to his earlier career. Then
handing him some papers, he said:
Are these some bonds executed by you
in 1902
"They are'
The defense objected. The court per-
mitted the question.
They were bonds you gave as clerk
and master and aggregated $J6.00o?"
II think SO. You have these bonds
Fftzhugh read the bonds. They were
chancery of Maury county.
The witness was asked to identify a
suit or petition filed by J. r. and e. T.
Cathey against d. B. Cooper. and asked
in it, He said he was.
The defense objected vigorously and de-
manded to see the petition. Then Gen.
Washington said:
heard this attack was to be made, but
were informed the state had them. We
ask for time to examine them.
After examination FitZhugh said:
Didn't you confess judgment on this
petition and the charges therein?
"The record will show that / do not
remember"
The witness examined the paper and
said the states attorney was correct
Next F'itzhugh offered to read the bill and
put the charge in evidence. The defense
objected, but was overruled.
.'Are you not charged with appropriating
to your own use S3J1. the proceeds OF
sale of land? And did you not confess
Judgment"
Don't answer" interrupted Judge An
derson. This incident occurred In 1sS5.
The Supreme Court has held that charges
very remote may not be brought into
case against mans character II we try
all these old chancery cases again here
and we know how much In dispute these
chancery suits are-we will be here all
year."
All the attorneys for the defense argued
against admitting the charges.
Jury Is Excluded.
The state replied through Fitzhugh.
After the first sentence the defense de-
manded that the jury retire. This was
done and Fitzhugh resumed.
I'VE propose to show that this defend