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Cooley knows what those nine-tenths would testify to. Twelve out of their sixteen witnesses who testified about the first shots said that their brother deputies were mistaken as to even the place on the boat where the first three shots came from.
On May 1, 1769, with Findlay as guide, and accompanied by four of his neighbors, John Stewart, a skilled woodsman, Joseph Holden, James Mooney, and William Cooley, Boone left his "peaceable habitation" on the upper Yadkin and began his historic journey "in quest of the country of Kentucky."
Attorney H. D. Cooley was recalled to the stand and was made to admit that he was a member of the Commercial Club and a citizen deputy on the dock November 5th. He was asked by Vanderveer: "Did you see any guns on the dock?" "Yes sir." "Did you see any guns fired on the dock?" "Yes sir." "Did you see any guns fired on the boat?" "No sir." "Did you see a gun on the boat?" "I did not."
Ber-ravo!" This was so far true: it was the only game upon which he had ever ventured money; he had played several times when the wagers were allowed to reach a limit of twenty-five cents. "You know what I mean, I reckon," said Pedlow. "I mean what we are playin' fer?" "Twenty-five franc limit," responded Cooley authoritatively. "Double for jacks. Play two hours and settle when we quit."
Cooley asked this witness about his interviews with the different state's witnesses: "If you talked with all of them, you would probably have something on all of them?" The judge would not let Finch answer the question, but there is no doubt that Cooley had the correct idea about the character of the witnesses on his side of the case.
Young Cooley, a person of cheery manners and bright waistcoats, was one of Mellin's few sea-acquaintances; they had played shuffleboard together on the steamer during odd half-hours when Mr. Cooley found it possible to absent himself from poker in the smoking-room; and they encountered each other again on the channel boat crossing to Calais. "Hey!" was Mr. Cooley's lively greeting.
With evidences of amusement, if not always approval, the jury then listened to the reading of numerous I. W. W. songs by Attorney Cooley for the prosecution, tho some of the jurymen shared in the bewilderment of the audience as to the connection between the song "Overalls and Snuff" and defendant Tracy charged with a conspiracy to commit murder in the first degree.
Judge Thomas M. Cooley, then, probably the most eminent authority on constitutional law, wrote a letter expressing "unqualified satisfaction with every step" taken by the President "in vindication of the national authority." Both the Senate end the House adopted resolutions endorsing the prompt and vigorous measures of the Administration. The newspapers, too, joined in the chorus of approval.
Dr. Fisk said Judge Cooley is a high authority on constitutional law. I admit it, and am happy to say that I was a student of his over a quarter of a century ago, and ever since then have studied and practised constitutional law, and I am not here to stultify my judgment by allowing sentiment and impulse to influence my decision.
Whitey, waiting behind the living-room door, had heard in bunk-house talk of these various ways in which the bad man proved himself an artist with his gun had to prove himself one, if he wanted to remain alive. But when Mart Cooley, the most deadly man of that kind in the West, entered the living-room and faced the ranchmen, Whitey did not get his thrill at first.
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