The Montgomery advertiser., 1909-01-29
COOPER TRIAL | GETS SETBACK One Juror Dismissed for
 Drunkenness. ONE ARRESTED FOR PERJURY Still Another Nay Be Dismissed for
 Illness. Aaa the Defess. Serves SosIe. rAas It win Ask ce.rt ss Dismiss
 An others Left In
DYE ARRESTED FOR PERJURY

Nashville, Tenn, Jan. 2s. with the jury numbering two less than it did i've days ago. the ninth day of the trial of Col. Duncan B. Cooper. Robin Cooper and John D. Sharp. accused of the murder Of former Senator E. W. carniach. ended today with every pros- pect of q further depletion.
 The court excused Jnrors Leigh and Jackson. charged with drunkenness and bias today. and fntimated mat Juror whitworth would be excused to- morrow. The latter has been Ill for several months and two physicians have in the box his life may be forfeited i. The State opposed his release and the court ordered the physicians summoned to testify. They will appear tomor- row. At the same time. the new venire or 500 men will appear and an effort will be made to get from them the balance of the jury
 Foliowfng Juror Leigh'e release from the box.the was arrested on charge of perjury and released on ei.E00 bond to answer before the grand jury, k when court opened this morning in the case of Col Duncan B. Cooper. Rob- In. Cooper and ohm D. Sharp, charged with the murder of former UniteI States Senator E. W. Carmack. tho charges against Juror Jackson were called. x N
 Jackson Is accused2o of being an ha- bltual drunkard and of having express cd an opinion. It also developed that Juror Whitworth. one Of the men ae- cepted. is In delicate health and that his physical condition as reported by his physician fs such as to cause the court grave uneasiness as to his abil- ity to continue in the box through A long triaI Under these conditions 1t is considered possible that Judge Hart result in a further delay in the com pletion of the jury and the seommence- ment of the taking of. testimony 2 Counsel agreed finally to subnlil the case without argument Then Judge Hart aRid. sss ss sssss#
 T have gisen the case careful con eldere kEeH. speiRhtpg the tsstifn0ny for ana akaitst the 3uror, The charge oi drunk snnsss is c0fitr0vertea bat 1t IA evident that the Juror is biased ana as such. the retaining Of him would make the jury q pre- fadiced one therefore I excuse Mir. LaiRh from service"
 1T ask that Mfr. Leigh be held for the grand jury on a charge Of per- jury" said Attorney General McCafn.
 If you wish him held. answered the court. swear out a warrant"
 The defense objected rtrenuously to any action against Leigh but the at torney general left the room to issue the warrant
 While the attorney general was nse- pairing the afifdayit, Judge Hart or- dersd the charges against Juror Jack son, accused of habltual drunkenness. brought to trial. The witnesses were called and the attorneys for the de- tense retired for consultation, having first entered e formal exception to the dismissal of Juror Leigh
 nefense Serves Notice.
 The defense served notice that 1t would ask the court to dismiss the eight men left on the jury on the ground that the dismissai of Leigh had preiudiced the others against the de- fendante The formal motion to this effect win be filed later.
 The first witness against Juror Jack son swore that the juror, who Is a biacksmith.- would put shoe or two on horse. collect for the work and go three miles to saloon for a drink before lie would finish the job.
 Squire Lewis. who has lived near Jackson for twenty-five years. saw him sober once In the twenty five years.
 At this point the defense admitted that Jackson was unak and consented to his dismissal. This leaves seven men in the box.
 Mrs. J. M. Whitworth concerning her