The Montgomery advertiser., 1909-02-03
COOPER CASE
 DRAGS ALONG Jurors Are Subjects of Examination. FOURTH vENlRE ON HAND Much Trouble in Securing Men to
 Serve. Judge Hart Allows one Man to Go Out ; and Get saarried--whitworth
 Matter sau rend-
 ing.

Nashville, Tenn, Feb. 2.--The second week of the trial of Col. Duncan B.. Cooper, Robin Cooper and John b. Sharp was completed today and the jury box remains unfiiled.
 The days proceedings were weari- some and fruitless. Not one of the va- cant seats in the box was filled Alto gether lsa talesmen were examined The very few who attempted to qualify were challenged peremptorily by the State or defense.
 It Is not improbable that the fourth venire Of 500 men will be exhausted tomorrow, in which event the fifth will be drawn and summoned and the hear ing of the charges against Juror J. M. Whttworth will be resumed. The afternoon session dragged along as did the morning session, and when court adjourned for the day, no addi- tions had been made the the jury
 Nashville, Tenn, Feb. 2.--Many peo- pie are under the impression that the trial now in progress here is that of Colonel Duncan B. Cooper. Robin J. Cooper and John D. sharp. charged with the killing of former United States Senator E. W. carmack. Judge Hart. however. gravely insists that ft fs the jurors who are on trial
  cused on charges. The case against the third. J. M. Whitworth. was re- stunned this morning.
 Despite the zero weather. the sher- iH's deputies rode hard and well. So when court opened. nearly all of the fourth venire of 500 men were pres ent. They filled the court room and left Nttle room for spectators.
 Judge Anderson. of the defense, arose to Q question of personal privi- Iege as soon as the sheriff declared the court in session.
 T object to a headline in a morn Ing paper, The Tennesseean. which says that Defense attacks character |of Juror Whitworth and claim he per- jured himselff
 .'Now, thts isi false We did not ex- anime Mir Whitworth at all and if we had. he might have said that he had expressed an opinion. The story itself az written se ,correct but the hsadlipe sig cruel and ininfeAding and w6 nsiE for fedxees.ss
 statement of counsel. but said:
 ''It seems to me that we have a large venire-50o men-and that many of them have come many, miles to be examined. I suggest, therefore, that we postpone fhrthef inquiry into the Whitworth matter until we examine this venire. presume you gentlemen want a few hours to scrutinize the penel so we will take . recess"
 Excused t0 Get Married.
 John W. Holt. one of the talesmen, accompanied by buxom woman, ap- preached the bench. Holt said:
 "Jedge, I got an engagement to get married at 10 o'clock and a jury sum mons for ten. What am I going to do?s'
 'serve on the jury" said the court.
 Well. Jedge, sure am en1bar- rasseds Ihave been trying to get this girl to marry me for long time and I feel ought to go through with it now. It's dangerous to put 1t on"
 The court leased the prospective juror a while, then excused him.
 "In six months he may wish had kept him on that jury" commented the court.
 The first talesman called, A. E. Greer, said he couldn't read, but his wife could: that he lived two miles from his brother, but had not seen him In three years. Asked if his wife was not pretty tali<ative. he replied:
 You jest come out and listen to her"
 Greer was sure there was a killing, but he was not sure who was killed or who did the kifiing.
 Although he seemed to be an ideal juror. Greer was challenged by the defenses
 After many lengthy arguments over the competency of jurors. the first panel of the new venire, number fifty seven, was exhausted at D. m., with out securing a juror and court ad- journed for luncheon.