The Montgomery advertiser., 1909-02-25
THE AGED DEPENDANT
 DEFlES HIS LAWYERS
Wiling to Answer Questions
 Asked Him.
Prosecuting Attorneys Argue With Heat Over Life of Old Man, ' 4 and Judge Hart Finally
 Rules With Them.

NasnVlllo, Ienns feD. Z4.--A1ten day replete with exciting incidents and Interesting developments. the session of fhe Cooper-Sharp trial for the murder of former Senator Carmack closed with the aged defendant, Col. D. B. Cooper. still upon the stand. The direct ex- began early yesterday morning, lasted until nearly noon today.
 Almost the first thing the State did on cross examination was to announce that it would try to prove that Colonel Cooper was a defaulter to the extent of $100.000 while Clerk and Master of Chancery in Maury County. This pre- cipitated a bitter fight between coun- sel during which some harsh words were used and much anger was dis played. despite the efforts of Judge Hart to hold the reins tightly.
 The State won a partial victory and straightway sprang another surprise. 1t resurrected some old legislative re. cords concerning an investigation inc to the dedication of State, Treasurer M. T. Polk in the early '80s. They offered to prove that thousands of dol- lars of the States money was invested by Polk with Col. Duncan B. Cooper and others in a Mexican silver mine scheme. a Walnut Log scheme in North Carolina and a scheme to buy The Nashville American.
 Colonel Cooper admitted that there were Irregularities in his office as Clerk and Master in Chancery but said they were due to bad management and poor book keeping and that every dol lar was made good. He admitted that Polk was his partner in the ventures named, but declared that he (Cooper) never handled a dollar of the money and had no knowledge that 1t was taken from the States strong box. Cooper Hard to Handle.
 Colonel Cooper made an excellent iwitness but one hard to handle even fby his own counsel. Repeatedly he urged Judge Anderson to let tho State aak "any question on any subject. and lat times answered over his own attor- lneys objections. Now and then he displayed great heat. but he did not Icontradict himself upon any point. Mrue. when court adjourned the cross- hexamination had reached only the com- lroencement of the trouble. the early editorials.
 actual killing.
 It is likely from the length to which fine State is going on the Colonefs cross Iexamination that the witness will be Ion the stand all day tomorrow. ! There were not so many women Tn ltha thronr at the court house today, ibut they arrived later and many an unfortunate man who had spent sew eral hours waiting for seat, found himself elected from 1t by hard Ihearted deputy before he had been in it an hour. in order to make room for a woman.
 There was some delay caused by conference of counsel for the defense but finally they push into the bar, followd by the defendants and their host of relatives and friends. General Washington nodded to Colonel Cooper and the colonel walked over to the witness chair. AS he passed his youngest daughter, Mrs. Beverly Will son she squeezed his arm affection ately.
 General Washington took up the line of questioning where he left off last night. The colonel said as they approached Seventh avenue Robin and sharp were in front of him.
 Robin turned and urged me to hurry" he said. T told him to wait d 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 sus picions and intuitively I turned and saw Senator Carmack. Instantly de- cfded to go over and have plain talk with Carmack 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- nose to meet himr'
 { "No, sir. The impulse came over hre at once when I saw him, to go over and talk to him and have an un- derstanding."
 '"when Robin caught you by the axgn. did he try to move you towards Senator Carmaok or away from him?'
 "Away from him, north"
 Tells of the Tragedy.
 ''Now tell what happened. in your own way
 well, saw Senator Carnack com fng up. First I thought I'd wait for him. Then I thought that might era ry some significance, so I walked to- wards him. I saw him speak to Mrs. | Eastman. said MT, Carmack' He threw up his head as though he had not seen me and at once drew his re- polyer and stepped in front of Mrs. nastman, putting her between us tand stepping towards the curb. He was five or six feet from the curb vhen I called his name" What next?'
 "He had his pistol in his hand and 10aSsed in front or MTS. EaStnan Mrs. 1 Eastman became wildly excited and grabbed the old man with her. l had made no hostile movement"
 What did you say?"
 "I said, I think. that 1t was damned | cowardly to get behind woman with a pistol in his hand"
 Did you have a revolver out?"
 Mot at that time."
 Did you have any purpose Of shoot Ing or killing him?'
 No, sir"
 ! "Did you say. T have the drop on
 q did not, for I did not have the drop on him"
 What next?"
 well Senator Carmack got around | the post and at the same time Robin | got in between us. In a second Car | mack shot between the poles and Rob | in got around them Then for the first time l saw Robins revolver and | saw him shoot"
 Did you have your pistol out2"
 Not until after Robin was shot. | Then I drew my gun. but I saw Car aunasSax. vr.ss t1o1xrf. and that Robin was