New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-28
WHAT rs DRUNKENNESS?
When Man Is a Nuisance, DECADES
JUDGE at Carmack Trial.

Nashville Tenn. Jan. 27-To-day's session OK 'ne
trial of Colonel Duncan B. Cooper, hopih C0Op0
and John D. Sharpe. for the staying Oh Ha1ras. -
E W. Carmack closed with no further presses Ia
the selection of the jury Deputy sheris are roIns
the country TO summon the thlrd Neiiie "a "
hundred talesrnen to report trioaE. /.
Judge Hart spent to-day hearing tesun1ohy as -
the competency of the Juror. Leigh ana IN Ioftu
lating a definition, of drunkenness. He hnalIy saio
that man was drunk when he became hu'saioo
to the general public. Judge Hart askeu co"lse'
on both sides how they wished to proceed The de-
fence asked that Leigh and jackson De caiIeu Gu
told of the charges The state agreed to question
the Jurors to having expressed an 0p'hloA. ~"
said the question OF drunkenness must be tes1heo
to by witnesses to enable the Court to decide.
And I presume 1 get expert testimony on
drunkenness right here in the COURTROOM re-
marked Judge Hart with smile.
DOUBTLESS" answered the Attorney General
THAT is if I need it," corrected the Court. i
have some expert knowledge myself
We will leave it to YOU Judge, chor1lsed tns
defendants attorneys
About sixty witnesses were examined on ooth
sides. Those for the state were positive that Leigh
was drunk when selected and was an habitual
dr11nkard One swore that Leigh had declared
that Senator Carmack "blankety-oank, ana
should have been killed long ago. Others SAID he
| had expressed the opinion that Sharpe was lnno-
| cent and that the Coopers were justihably pro-
voked.
Defence witnesses admitted that Leigh was a
drinking man that he had taken "a few the Gay
he was chosen the jury, but they insisted mat
| he was drunk within the definition OF JUDGE
| Hart-that is he not making public nuisance
of himself.
Judge Harris ruling was
"A man is drunk when he is much under the
| influence ot liquor that he becomes nuisance 10
the general public. That will be the standero "p'"
! which the Court will decide this case.
After both sides had closed Judge Hart cahe.
| efob exn1ained the charges against him and toio
him his privileges
IT was drunk on Tuesday, Leigh Prohp''
| agreed. land also on Wednesday morning the Gay
| I was selected. I never said Carmack should ha'e
/ been killed long ago.
He said he had declared a belief IN sharpes In
| nocence but denied saying anything ABOUT the
| Coopers On cross examination he quahneo ms
| admission OF drunkenness and declared What no
| meant was that ne was drinking a little those
| days.
..You mean you were under the influence OF
,,,or tbe dev before you we're selected and on the
| day itsef?'
Yes, sir
| But not drunk"
mo sir; when drunk don't know any
| thing"
| He admitted that he had had two drinks day
since being the jury.
The Court ordered Leigh returned 10 the jury
| room until his decided. and Leigh was
| advised 10 'cut OUT the two drinks day here
! after.
/
entered prohibiting the serving Of liquor to the
Jury and the court so ordered. except in the case
| OF Whitworth whose physician prescribed IT. Judge
| Hart then said he would resume the case in the
| morning when similar charges against Juror jack
| son will be considered.
I s. NJ Hyde the ninth Juror chosen. was taken III
with a bilious headache this afternoon physi-
clan said he would be veil tomorrow.
| In his inaugural address here to-day Governor
! Patterson referred follows to the killing OF
| Senator Carnack:
| | am conscious that throughout The state men
| have repeated ISLANDERS that some newspapers have
circulated. and false charges. and even gone
| so far as to connect with a tragedy which /
| deplore moro than those who have sought to make
and incentive for urwise- undomestic and destruc-
| tive legislation
| IT. in any way, directly remotely. have
| sought 10 encompass the death Of fellow man, |
/ am deserving of every stigma that gentlemen may
| place upon me. of every indignity and punishment
Governor OF the state. clothed with the power 20
| pardon, and the charge, therefore, involves the
| basest and blacklist turpitude.
My is taken after reflection and with hrm
| conviction that l duty to myself, my family
| and the state | make the issue In the only way
| courts or in the Senate sitting q court OF i'm
parchment. determine the truth falsity Of
| charge that would render me unfit 10 be the Gov
| Tennessee.
If the charges not preferred or II they
! and fall. / believe | entitled to ask, for the
| peace and honor OF the state and in the name Of
decency that this reckless defamation shall