The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-04-10
Atchison Says Wound That
Killed Hunt Was Accidental.
His Assertions Big Surprise of
the Murder Trial.
Wife CAUSED THE SHOOTING
She Threw Her Arms Around
Husband to Stop Him.
That Made His Gun Go OF,
Attorney Claims.

W. E. Atchison. attorney for Ezra
Cooper sprung a sensation in the dis
trict court today when he labeled the
shooting of Burt F. Hunt by Cooper
when Cooper found him under his
bed, as purely accidental" 1t was
brand new defense in the Cooper
case and was totally unexpected by
Robert Carver and Hugh Fisher, at
torneys for the state.
Robert Carver came right back at
Atchison by asking the court, in view
of the statement of the attorney for
| the defense, to rule but all testimony
relative to the character of Hunt, all
the testimony relative to previous
trouble between the two men, all tes-
timony relative to alleged relations
between Hunt and Mrs. Cooper.
That is the question now up to
Judge A. W. Dana. He took it under
advisement and dismissed the jury
for a time.
The states evidence was all in. It
| had produced every possible witness to
show that Ezra Cooper Intentionally
| shot Burt Hunt and that the shooting
led to Hunts death, Mr. Atchison
made the statement for the defense,
previous to the examination of wit
nesses.
He asked that Mrs. Hunt be permit
ted to leave the room in view of the
| fact that he expected to be forced
to say things about her dead husband
she would not desire to hear. She did
not move. He spoke to the court
about it and to the attorneys for the
state but Mrs. Hunt stayed beside the
long table and heard every word of
the statement in which the alleged re-
/ lations between her husband and Mrs.
Cooper were outlined.
Told of Old Trouble.
He told of trouble Cooper and Hunt
had had previously; he declared that
Cooper knew of relations between his
wife and Hunt and had warned Hunt
to stay away from his house.
ION this particular morning." he
said, Hunt came to the Cooper home
and said he had made a mistake in
in. He caught her by the wrists and
suggested that they so into a bed
room. She told him relations be-
tween them were all off but he con-
tinued to drag her towards the bed.
Just then she happened to glance
through a window and saw her hus-
band driving up to the house.
''She told Hunt her husband was
| coming and told him to leave. He
said nothing in reply and ran into
another room where the children slept
and crawled under the bed. Cooper
came in, greeted his wife and noticed
she was extremely nervous. He
asked her what was the matter and
she evaded the question. He went
down into the basement and returned
with crowbar.
she was still nervous and he again
insisted upon knowing what was both
ering her He became suspicious and
looked into the other room. He even
looked under the bed. There was no
one there, but he thought he heard a
noise in the children's room. and go
ing in there he saw two feet sticking
out from the foot of he bed.
He returned to the kitchen where
his wife was almost in Mysteries. What
- is that under the bed 2
he demanded. It's Hunt she replied.
Cooper walked to the door and took
down shotgun hanging over it. In
the meantime, Mrs Cooper, desiring to
avoid a shooting, went into the other
room and told Hunt to get out before
her husband shot him. He started 20
/ leave and Cooper came to the door.
As Hunt started off the porch Cooper
had the shotgun under his arm, cock
ed, with his finger on the trigger.
How Accident Happened.
Mrs. Cooper thought he was going
| to shoot and ran to throw her arms
around her husband. For Gods sake
| don't shoot she cried and threw her
arms around his arms.
THE force of her arm against his
arm pulled the trigger. the gun was
discharged and the charge struck Hunt
/ in the leg Cooper did not intend to
/ shoot Hunt. He could have shot and
killed him then if he had wanted to.
CONTINUED on Page Two.)