The Birmingham age-herald., 1909-01-21
First Day of Trial Proceeds
 With Much Rapidiy
CARMACHS BODY EXHUMEO
Fact That Autopsy Was Held Has Just Leaked Out-Missing Talesmen Are Fined By Judge Hart
 for Negligence.

Nashville. Tenn, January 20-With four
 jurors accepted out of 16O examined when
 court adjourned tonight, there Is every
 prospect that the Cooper murder trial
 will be in full swing before the week ! is over. The readiness with which jurors were secured was surprise to every
 one who had watched the progress Of the 1 case.
 The rulings of Judge Hart, however, had not a little to do with the rap1dlty
 with which the proceedings moved. lie
 began by fining nine tardy talesmen Szo
 each. Next, he took into his own hands
 the examination of those men who
 claimed to have formed an opinion. un-
 less the prospective juror insisted '.at 1 bo could not render fair verdict, even
 after hearing the testimony, Judge Hart
 held that he was a competent juror ana
 compelled either the state or defense 10
 exercise their right of peremptory chal-
 lenge.
 The judge declared that whether or not | A man had an opinion in the case' II ne
 swore he could lay 1t aside and render
 verdict on the evidence he was com petent juror
 1 When the days proceedings were over 1 the state had exercised four of it's lS l neremptory challenges and the defense 1 four of it's 72. The state was forced to | challenge at least three men who quail ] fled as jurors but who admitted their | friendship for some of the defendants and
 who, in the opinion of the attorney gen | eral, displayed too much easerness to 1 serve in the case.
 Warned By Police.
 ] at least twice during the examination it developed that some uniformed police 1 man had been canvassing prospective
 jurors and one talesman swore that this policeman after questioning him carefully l said: You had better be careful how you serve up there"
 | The attorney general in his questions put special stress whether or not the talesman was opposed conscientiously to | capital punishment. One man, who said
 he could neither read nor write, had not heard very much of the case and never
 had an opinion, declared he was opposed
 to hanging unless man needed it." He excused.
 1 Every time the states attorney spoke 1 of hanging the defendants, Colonel Coop | CTS daughter, tall slender girl with a | patrician face and expressive eyes, showed I by her drawn, tense expression and cuHcHeu udIluS IndC the QueSIlOn, With | its grim suggestion of ghastly death
 for her father and brother, sent the iron
 deep into her soul She sat through the | tedious hours, however next to her i father, now and then making whispered | comments to the attorneys Two of the l nieces of Colonel Cooper joined the little | coterie that sat around the defendants | late this afternoon
 None of the relatives of ex-Senator [ hut f1,o
 of the slain editor will be present whe zen | the taking of testimony begins. l Carmack's Body Exhumed. l With the stage set for the Cooper murder trial the witnesses present and l the prospective jurors summoned it be- came known this morning that the state | had prepared surprise for the defense by having the body of Carmack ex- | humed and an autopsy held.
 After the murder and in the excite ment attendant upon the crime the state | neglected to order post mortem It 1 is essential in the trial that the direc- l tion from which the bullets came be l determined upon. The states theory is l that Carmack, with his hat raised to | greet lady, was shot from behi ind The l defense asserts that he fired the first l shot. It seems, however, that some l time between the date of the killing | and the present time the state secretly l and at night exhumed the body of the slain editor, and caused a careful post I mortem to be performed. The course of l the bullets thus was determned and the | state claims to have proof that the bull l let which killed Carmack entered his l neck from behind.
 l This however, does not entirely dis l prove the theory of the defense. Even 1 the defense does not claim that Colonel | Cooper fired the shots. It maintains | that young Cooper, believing his fath- l CTS life was In danger, fired upon l Carmack to protect his sire. And it is not contended that young Cooper stood | in any place but behind.
 Court Room Completed. 1 The work of completing the new | court room for the opening of the trial, was rushed all day yesterday and was | carried far into the night. Carpenters. I electricians and other workmen labored l under orders of the officials without re- | gard to time, and result the big | new temple of justice was ready for 1 the opening of court at daylight this | morning. The sheriff reported to Judge l Hart that the summons for both jurors | and witnesses had been served and that | nothing except the objections of coun- | sel stood in the way of the opening of | what promises to be the most famous legal battle in the history of Ten | nessee.
 Both sides announced a readiness to | proceed and Judge Hart ordered the | panel sworn. The courtroom was | crowded within 10 minutes after the | doors were thrown open. Quite num- l Der of women were present and for | them Judge Hart ordered places made | inside the bar.
 | Prisoners Arrive. l The prisoners were escroted into the | room after the prelimnaries. Colonel | Cooper and his son entered arm in arm, | when Sharpe followed them. The latter's | wife and father greeted him affection l ately Mrs. Lucius Burch, daughter of Colonel Cooper, met her father and broth
 ar with a cheeIful smile and seating her.