COLONEL CHARGED
WITH EMBEZZLING
Duncan Cooper Admits Using
$351 of Chancery Funds
for Private Purposes.
COOPER RECORDS AS PROOF
Prosecutor Says Colonel's Honor
"Was Xot So Sensitive "When Ho
AVas Accused of Former Ir
regularities In Office.
f"nr.tintirt From First rac.
I raid, 'Mr. earmark." lie threw up his
hea l as though he had not s?en me, and
at once drew hU rcolvcr 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 I called his name."
"What next?"
"He had his pistol In his hand and
passed in front of Mrs. Eastman. Mrs.
Eastman became wildly excited and
irrabbed the old man with her hand. I
' had made no hostile movement."
"What did you say?"
"I said. I think, that It was 'damned
cowardly to get behind a woman with a
pistol in his hand.' "
"Did you have a revolver out?"
"Not at that time."
Ild you have any purpose of shooting
or killing him?"
Tells of First Shot.
"No. sir. Senator Carmack got around
the post and at the same time Robin
KOt In between us. In a second Car
k mack shot between the poles and Robin
got around them. Then for the first
time I saw Robin's revolver and saw
him shoot."
"Did you have your pistol out?"
"Not until after Robin was shot.
Then I drew my pun. 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 fired?"
"Five In all."
"What nextT"
"Robin attracted my attention. He
was leaning against the post and I
could sea that he was wounded. I took
him to an infirmary. Sergeant Held
came In. then and said Tou are my
prisoner. I said 'Tou are entitled to
my revolver, then," and gave It to him."
"Was that sun still unflredr
"It was."
"What, about Robin's pistol?"
' "Some officer other than Reid got it.
Robin told me the gun was In his over
coat pocket. I do not recall getting
It out."
Captain Fltzhugh. for the state, then
began the cross-examination.
The attorney banded him soma pa
pers and asked:
"Are these some bonds executed by
you In 1870T"
They are."
"They were bonds you gave as clerk
and master, and aggregated I58.000?"
"I think so."
Old Crime Brought Out.
The bonds were given when Colonel
Cooper was master In chancery of
Maury County.
The witness was asked to Identify a
petition filed by J. R. and E. L. Oathey
against D. B. Cooper, and asked if he
were the D. B. Cooper mentioned in It.
He said lie was.
"Pl1n't you confess judgment on this
petition and the charges therein?"
Tle witness examined the paper and
said that tha state's attorney was cor
rect. "Are you not charged with appropri
ating to your own use $351. the pro
ceeds of a sale of lai. 1, and did you
not confess Judgment?"
"Don't answer," interrupted Judge
Anderson. "This Incident occurred in
1 KS3 and the Supreme Court has held
that chareres very remote may not be
brought into a case against a man's
character."
The jury retired. All the attorneys
for the defense argued against the ad
mission of the charges. The state re
plied through Fltzhugh.
"'We propose to show." said be. "that
this defendant. Colonel D. B. Cooper, Is
a defaulter and an embezzler to the ex
tent of over lOO.OOfl. We propose to
prove this beyond doubt, and thus to
show to the jury just how much credit
they should place in his words. We
propose to go frirther and prove by
court records that his own brothers'
came Into court and admitted that the
defendant was a defaulter.
"We propose to show that he embez
zled from estates, from widows and or
phans, from the county and from the
state, and from the very records kept
by him to prove it.
Show "Sense of Honor."
"But there is a further reason for
this question. We have heard of the
Colonel's deep sense of honor; how
stung he was by a few sarcastic edi
torials. But we will show that he was
openly accused of embezzlement, yet he
never said the town was not big
enough for him and for the man who
made the charges."
Attorney-General McCarn followed.
He declared that they would carry
these dishonest transactions from 18S3
down to 1908, and that they were not
too remote.
Judge Anderson replied for the de
fense. "We never claimed that Senator Car
mack was killed because of these, edi
torials," he said. "Our theory is thai
Robin Cooper killed Senator Carmack
In self-defense after the Senator had
shot him twice."
Editorials Not Defense.
"Do you mean to say." interrupted
Kitzhugh. "that you have not forced
the editorials written by Carmack Into
evidence here, as tending to show that
Colonel Cooper was driven almost mad
by these attacks upon his honor?"
"We have," replied Anderson, "to
show the defendant's state of mind, not
as a just ideation for the slaying."
After two hours of argument. Judge
Hart suggested the state turn over the
charges against Colonel Cooper to the
defense for re-axaminatlon, and a re
cess was taken.
Judge Hart ruled that the state
might auk Cooper If he ever was clerk
and master in chancery, and If he ever
defaulted in certain cases, and also
whether he did not embezzle $100,000.
The jury was brought in and the
state resumed its cross-examination.
Cooper Willing' to Talk.
The state resurrected some old legis
lative records concerning an Investiga
tion into the defalcation of State
Treasurer M. T. Polk, In the early 'SOs.
It oCterd to prove that theoaanda cf ;
d.Vl.ns of the state's money T'as In
vested by Pclk with Coloiiei Cooper
an'l others In a Mexican silver mine
scheme, and other financial undertak
ings. Colonel Cooper repeatedly urged
Judge Anderson to let the state ask
"any question on any subject." but
when court adjourned the cross-examination
had only fairly started.
The state questioned Colonel Cooper at
length regarding his alleged shortage
while clerk and master in chancery of
Maury County.
Blames Office Force.
"I do not admit any shortage. I ad
mit tin. lack of business ability In my of
fice. I had my brother and my brother's
son In the office. There were many er
rors, but every soul who had a dollar
in that office got It out and there never
was a dishonest act. I resigned to en
ter the Legislature."
"Talking of the Legislature,"" said At
torney Fitzhugh. "I ask pTu if you are
the D. D. Cooper mentioned in the legis
lative records of 1SS3. who, according to
an Investigating committee, paid out
JJ3.000 of the state's money in conjunc
tion with State Treasurer Polk for a
silver mine in Xew Mexico?"
"I presume I am."
"Was it not true that M. T. Polk.
Treasurer of Tennessee, furnished the
money out of the State Treasury to en
gage in the walnut business?"
No. sir; Polk supplied the money, but
I do not know that a dollar ever came
from the Treasury."
"And didn't the same M. T. Polk take
$10.0J of the state's money to enable you
and others to purchase the Nashville
American?"
"'No. sir; I never hoard of it."
"Didn't you know that there was found
In cx-Treasurcr Polk's box due bills from
you aggregating fc.000?"
"It was an untruth. If such were found
they are forgeries."
Next the state swung over to the Sun
day before the killing.
Back to Carmack.
"Did you tell Carmack that your name
must not appear in the Tennesseean
again, and if it did, he or you must die?"
'No, sir."
"Did you say, 'This must cease or the
town is not big enough for both of
us'?"
"I did."
"Did you mean It, or was It a
bluff?"
"I meant it. I have always believed
that a man who has a fighting tongue
should keep a fighting body."
"l'ou kept a fighting body?"
"No, sir; I did not, but the man who
wrote ihose editorials bad a fighting
tongue."
"You are In politics?"
"Not since 1896, when I Vas'a State
Senator."
"Did not you bring Governor Patter
son Into public life?"
"I did not."
Would Decline Office.
"Did not your power and work ap
peal so to your friends that they seri
ously discussed creating the office of
Stace Auditor for you?"
"I would not have the office atany
time."
The witness was asked If he put any
money in the Lancet, a weekly paper.
He said he had not. Then he was
called upon to say if he knfcw of an
editorial denouncing Governor Cox,
during the Patterson-Cox campaign
four years ago.
The defense objected. The state
claimed the editorial In the Tennes
seean. saying Colonel Cooper had made
peace between Cox and Patterson,
which enraged Colonel Cooper and
started the trouble, was based upon the
editorial in the Lancet, Cooper's own
paper, or one In which he had an in
terest and over which he exercised
some control.
"The defense holds that whether or
not the Tennesseean editorials were
justifiable Is not an issue," said Judge
Anderson.
"It Is merely what effect did it have
on Colonel Cooper's mind."
The court adjourned until tomorrow.
DISCUSS eiS GATUN 01
COLOMBIAN ENGINEER, CON
DEMNS PLAN.
Implies Idea Is Obsolete and Re
grets Taft Report Americans
Defend Structure.
NEW HAVEN, Conn., Feb. 24. Earnest
advocates of the Gatun dam to confine
the waters of Chagres River at Panama
were found among the members of the
American Institute of Mining Engineers
during their discussion of the "Panama
Canal" today.
The oposition to the lock type was
led by Henry G. Granger, of Cartagena,
Colombia, who attacked the report made
by the engineers who went to Panama
with President-elect Tart, If tne engi
neers had to go, he declared. It was un
fortunate that their nominator did not
pass through the office of the Chicago
Drainage Canal and go to the camps of
contractors who had to use their brains
to save money by new methods and devices.
It was also to be regretted, he added.
that engineers were chosen who had been
found guilty of seeing a point and gen
erating a germ of an Idea which they
fostered into careful development.
WAIVE AFFRONT TO PANAMA
Objectionable Clause Left in New
Treaty by Senators.
WASHINGTON, Feb. 24. Treaties
with Panama and Colombia relative to
the Panama Canal were ratified by the
Senate today. ' A resolution was adopt
ed, however, to obviate the necessity
of submitting to arbitration questions
connected with the limitations of the
Cities of Panama and Colon.
Under the treaty, as negotiated, this
question would be submitted to a board
of three, one representing Panama, one
the United States and one appointed
by the President of Peru; and thus if
a dispute of a serious character shouia
arise, two South Americans would be
pitted against orre North American.
This feature was objectionable to the
Senate committee on foreign relations,
but In view of Panama's indignation
at the recent speeches of Representa
tive Rainey criticizing President Obal
dia, it was not thought advisable to
ask Panama to amend the treaty which
has already been approved by that
Republic
PROHIBITION FOR MONTH
Compromise Will Make South Caro
lina Entirely Dry.
COLUMBIA, a C. Feb. 24. It is said a
compromise has been reached by the war.
ring faatlons in the State 3?nate on pend
ing liquor lestelation which will result In
state wide prohibition In South Carolina
for at least ona month. The rumored com
promise, provides for state wido prohibi
tion to become effective July 1 and remain
In effect until August 1, after which coun
ties now "wet" may hold special elections
to determine whether county dispensaries
.shall be continued or whether prohibi
tion ehall be made permanent The state
wide bill has already passed the House,
BILL BARS -" EVERY
GIL OF CHANCE
Nevada Lower House Passes
Stringent Measure by Vote
of 29 to 18.
EFFECTIVE FIRST OF YEAR
Measure That Prohibits Card Games
and Slot 3Iachincs Will Now
Go to Senate for Fi
nal Action.
, CARSON, Neb., Feb. 21. The anti-gam
bling law passed the assembly today by
a vote of 27 to 20. At the conclusion
of the vote, and before it had been an
nounced. Dodge of Washoe and Raycroft
of Ormsby changed their votes in order
to give notice of reconsideration. This
made the final vote 29 to 18. When the
bill was called the lobby, hall and cham
bers were crowded to their capacity.
The bill as parsed carried the amend
ment offered by the majority of the public
morals committee, which extends the
time when It shall become operative from
September, 1909, to January 1 of the com
ing year.
The bill is 'entitled "An Act Prohibiting
Gambling, Providing for the Destruction
of Gambling Property, and Punishment
for Violation."
Section 1 provides that it ehall "be
unlawful for any person to conduct, play,
deal or carry on in any capacity any
game of chance such as faro, roulette,
rondo, poker, klondike, or any percentage
game or banking game carried on with
cards, checks, device or otherwise; also
slot machines where money is Involved."
Violation is punishable by a fine not
to exceed $1000, or by Imprisonment not
to exceed one year, or both.
Section 2 prevents owners of houses
from renting for the purposes of gam
bling, and affixes a fine. Any person
who is declared a common gambler and
cannot show any fixed residence, or any
person who engages in gambling is sub
ject to fine and imprisonment.
Section 4 gives the Sheriff the right
forcibly to enter places and arrest per
sona engaged in gambling, and provides
for the destruction of gambling devices
when found.
The bill now goes to the Senate.
SAYS INDORSERS LOSE
Bank Denies Liability for Checks
Forged at Goldficld.
GOLDFIELD, Nev., Feb. 24. The Cook
Bank, which was victimized by the
forgery mC Consolidated Mine checks,
says that it will not lose more than a'
few hundred dollars. The checks were
all made out to bearer and were cashed
at the saloon? where miners have been
in the habit of cashing checks. As they
had to be Indorsed by Hie persons cash
ing them, the bank says that the indors
ers will be held for checks deposited at
the bank, for which they received credit,
but the saloon men and merchants scout
this idea and say that, when the bank
passed the checks, their responsibility
ended.
No clew has been obtained to the
whereabouts of the forgers and the secret
service has been called to the assistance
of the local detectives.'
PORTLAND - PANAMA LINE
(Continued From First Page.)
be used in constructing the isthmian
canal material that is now transport
ed across the continent and down the
Atlantic to Colon."
In presenting the bill, Mr. McLachan
said:
"The bill which I have introduced di
rects the Panama Railroad Corporation,
now owned by the United States Govern
ment, to establish and operate a line of
steamers on the Pacific Coast in con
junction with a line of steamers on the
Atlantic Coast and the Panama Rail
road, now operated by said railroad com
pany. The property of the Panama Rail
road Company consists of a double track
railroad across the Isthmus of Panama,
between the Atlantic and Pacific Oceans,
and a line of steamers operating between
the city of New York and Colon in con
junction with the said railroad.
"The stock of said railroad company Is
owned by the United States Government,
which operates It now through officers
appointed for that purpose. The steamers
of .this line, as a rule, are now taxed
to their full capacity to carry westbound
freight from New York to Colon, but
the same steamers, under existing condi
tions, return with a one-fourth cargo of
eastbound freight from Colon to New
York.
Knterprlse Pays Well.
"Even under these conditions, It has
been a profitable enterprise and the in
debtedness of the company has been prac
tically cancelled, extensive Improvements
have been made and valuable acquisi
tions have been added to its equipment.
"Provision has been made in this bill
for ten first-class steamers of 6000 tons
each, with an actual speed of at least
12 knots.
'This will give a regular service be
tween Puget Sound and Panama, every
five days, with stops at Portland, San
Francisco, San Pedro and principal points
of Mexico and Central America.
"The class of steamers that is pro
posed for this line can make the trip.
Including all stops, to Panama from
Puget Sound in 20 days, from San Fran
cisco in 14 days and from Los Angeles
in 11 days.
"Such a line of steamers on the Paci
fic, I believe to be a natural and neces
sary complement and adjunct to the line
on the Atlantic and the Isthmian Rail
road now operated by the Government.
Assure Even Kates.
"It will stimulate commercial activity,
too long stifled on the Pacific Coast, as
nothing else can do. It will cost less to
Instal this line than the price of a single
battleship, which requires the expendi
ture of more than $500,000 yearly to main
tain, and that will become obsolete in
ten years.
"It will complete the great commercial
highway froai and to all the great com
mercial centers of the Pacific and At
lantic Coasts, assuring reasonable and
fixed rates at all times to all alike.
"It will be free from all great corpor
ation combinations and dominatory.
"It will automatically regulate and give
stability to all transcontinental rates, and
accomplish that desideratum more effect
ually than all the laws that have been
or can be enacted for that purpose."
FAVORS GOVERNMENT LINE
California Senate Would Have Pan
ama Steamship Line.
SACRAMENTO, Cal.. Feb. 24. The
Senate refused this morning to concur
YOUR
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The great volume of unsolicited
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Mrs. PiiLkham, of JLynn, Mass.,
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" 4
y
In the amendments to Senator J. B. San
ford's joint resolution, which struck out
the request to Congress to establish a
Federal line of steamers between Cali
fornia ports and Panama. The Senate
thus goes on record a second time as
favoring Government-owned steamships
to compete with the trans-continental
railroads In the handling of freight.
The vote on the amendment was 4 to 26.
only four Senators favoring elimination
of the passages referring to the report of
United States Senator Joseph L. Bristow,
of Kansas, who, as Panama Railroad
Commissioner, had recommended that the
United States supplement its Atlantic line
with one on the Pacific, and use the Pan
ama Railroad as a connecting link, so that
a check might be put upon increases in
transcontinental freight rates. Mr. Bris
tow also charged that the Pacific Mail
Steamship Company was acting under an
agreement with the railroads.
In appealing to the Senate this morn
ing to reject the Assembly amendments.
Senator anford declared they destroyed
its purpose. He also said the resolutions,
if amended, would throw all the blame
for the freight rate situation upon Gov
ernment officials, as it would simply call
upon, them to Investigate the increases at
once.
RUSSIA SEES WAR AHEAD
EXPECTS AUSTRIA WlLli INVADE
SERVIA IN FORTNIGHT.
r
Panslavist Enthusiasm May Force
Czar's Hand Russian Volun
teers "Would Aid Servla.
ST. PETERSBURG, Feb. 24. The pes
simism with regard to the Balkan crisis
is steadily increasing in diplomatic cir
cles, where it Is believed that Austrian
action against Servia may be expected
within a fortnight unless a solution to the
present grave problem Is soon arranged.
Foreign Office officials state that Rus
sia is not disposed to consider an in
vasion of Servia alone as a casus belli,
but there Is fear that the government's
hand may be forced by popular feeling.
The beginning of hostilities will throw
thousands of. Russian volunteers Into the
Servian ranks. .
Information from Kiev indicates that
no military measures have yet been un
dertaken on the southwestern frontier,
but all applications of officers for leave
of absence have been refused and tha
Kiev department Is ready for instant mo
bilization. AUSTRIA BEARS, HEAVY LOAD
War Preparations Cost $200,000
Dally, but War Dreaded.
LONDON, Feb. 24. A dispatch to the
Times from Vienna says Austria's mili
tary preparations are costing $200,000
daily and represent a burden that cannot
be borne indefinitely. It would, never
theless, be premature, says the dispatch,
to regard war as certain, and It may be
confidently asserted that the nearer the
possibility of an armed conflict appears,
the greater is the desire in Austria that
It may be avoided. ,
AUSTRIAN SPIES LYNCHED
Gentle Montenegrins First Cut Off
Ears and Noses.
VIENNA, Feb. 24. It Is reported here
that two Austrlans, who' were taken for
spies, have been lynched at Cettinje,
Montenegro. One is said to have been at
one time porter in the Austrian embassy
at Constantinople. According to the re
port, the ears and noses of both men
were cut oft.
EX-CHAMPION IS HOMICIDE
McIIugh Held for Shooting Christy
on Saturday.
TOLEDO. O., Feb. 24. Frank lie
Hugh, 40 years old, who at one time
held the lightweight pugilistic cham
pionship, is held by the police pending
the Coroner's investigation Into the
death of Hugh Christy, who was shot
by McHugh Saturday night. Christy
died today.
Express Clerk Killed and Robbed.
HUTCHINSON. Kan., Feb. 24. Jesse
Haymaker, aged 22 years, night clerk
for the Wells-Fargo Express Company
at the Santa Fe depot, was shot and
killed early today by a robber, who
then looted the express office safe.
Haymaker was killed with his own revolver.
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All Men's Styles for $2.50l
WOMEN'S HALLAHAN'S FAMOUS $5.00 TO $6.00 DRESS SHOES
FOX'S HAND-MADE $4.00 TO $6.00 FANCY PUMPS AND OXFORDS
C. P. FORD'S AND REED'S $3.50 TO $5.00 SHOES AND OXFORDS
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;TAKE ELEVATOR.
10 SEATS VACANT
Each Side in Calhoun Case
Knocks Out Juror.
MORE LIKELY TO DROP OUT
John Scollard Shown to Have Con
cealed Ixng Acquaintance With
Schmltz Holman Denounces
Public Corporations.
SAN FRANCISCO, Feb. 24. The pros
pect of completing a Jury to try Pat
rick Calhoun, president of the United
Railroads, upon an Indictment charging
bribery, was Indefinitely postponed to
day when, after accepting Thomas
Lockwood, a sawmaker, as the twelfth
Juror,' the attorneys Introduced evi
dence and argument In support of
challenges which eventually vacated
two seats in the" box.
John Scollard, a hotel proprietor and
shoedealer, was dismissed from the
Jury under challenge by the prosecu
tion, and Arthur S. Holman, an insur
ance agent, whose right to try the case
was questioned by the defense, suc
cumbed to the challenge after some
vehement declarations concerning his
opinions of public service corporations
and their relations with municipalities.
Before the hour of adjournment the
prosecution Interrogated two other
Jurors who were not challenged, and
the fate of David Holzberg, another
Juror, was still in Issue when the pro
ceedings were Interrupted by the day's
adjournment.
Scollard Friend of Schmltz.
Proceedings opened with the ques
tioning of Mr. Scollard by Assistant
District Attorney Heney, which de
veloped that he had known ex-Mayor
E. K. Schmltz In Alaska ten years ago,
and that he had met Schmltz on three
different occasions since the ex-Mayor
was indicted. He had once given
Schmltz an insurance policy upon his
property, but denied having any par
ticularly friendly feeling toward him.
Mr. Heney then challenged him be
cause he had kept back his acquaint
ance with Schmltz on his former ex
amination. The defense resisted the
challenge, and Mr. Heney called
Timothy Donovan,-, a cigar-dealer, to
sustain it. Mr. Donovan said:
"At the time that Ruef and Schmitz
were indicted I heard Mr. Scollard say
that he believed that this was a case of
graft ail around. Later, I believe, he
'said that Calhoun had done a great
deal for the city. I don't remember his
expressing any opinion hostile to the
prosecution."
His Evidence Conflicts.
Mr. Heney said this evidence put Mr.
Scollard's attitude in a new light, and
the defense still resisting the chal
lenge, he read Mr. Scollard's testimony
In his original examination, and showed
the discrepancies between it and his
testimony today. Stanley Moore argued
strongly for tha Juror's retention, but
Judge Lawlor allowed .the challenge. .
Leads Meteoric Career.
RENO, Nev.. Feb. 24. Sheriff Ferrel is
looking for Frank J. Greunenthal, who
came here from San Francisco about a
year ago, broke into newspaper work,
was defeated for Assemblyman at tha
last election and then engaged in the
poultry business. A week ago he disap
peared, lifter borrowing from his women
customers, passing worthless checks and
mortgaging his business property, that ha
did not own. to several different persons.
His wife has a divorce suit pending in
the local courts.
NEW YORK, Feb. 24. Mrs. Maud
Eallington Booth, wife of General
Booth, of the Volunteers of America,
underwent a surgical operation today,
for appendicitis. According to the sur
geons the operation was entirely successful.
Up Goes Price of Sugar.
NBYV YORK, Feb. 24. All grades of re
fined sugar were advanced 10 cents per
ino pounds today.
m rll'A IVj-j