The Montgomery advertiser., 1909-02-04
ELEVEN MEN IN JURY BOX Fifth Venire for Cooper Trial. NO TESTIMONY UNTIL MONDAY Rearing of Juror Whitworth Not
 Completed. II. p.ri<. sl.tv q. H.n.rk- Astr,s- utsa as H,n--Eaert to Bs.aa
 aesrass !. nest sy
 Delays.
NO TESTIMONY UNTIL MONDAY

Nashville. Tenn. Feb. 3.---After SC. curing two new jurors. making clever now. in the box. the trial of Colone
 Duncan F. Cooper Hobip J. Cooper andf John D. Sharp! was Abruptly in
 terrupted today .becanse of lack oi A hfth venirs of 500 men was or. dered In court on MphdAy at which time. an iefr0rt will be made to com 1 plete the jury.
 The hearing of the charges agalnsi Juror Wtirworth. accused of having prejudice was taken up but nof>com
 pieted. It will be 7 retained in the mornlng. sS 6NsE
 Al few minutes after court opened. ]. 4 Woodruff. the tenth man examined, was selected as Juror No. 10. W0odrun was mot examined by the defense. He tsstiaed on qnestions by the state that he had read nothing about tine case and merely knew Car mack had been killed. He said he was friend of John sharp but would con sider only the law and evidence. Jacob Frutiger. another taiesman, came tu this country from Switzerland when I1@years old He had never been naturalzed. but his father had. This preetpitated dispute as to whether he had 10 take cut papers. The lawyers on both sides displayed absolute ignor- ance of the naturalization laws and had to send out for the code. He was not opposed to capital punishment if a man wanted it. He was accepted by both sides at Juror No. II.
 The panel of fifty was exhausted be. fore noon and another made up of for ty-ntne talesnien was exhausted before recess for luncheon and no other addi- tions to the jury were made This left fnlV fhfFfV n( hn @. nire and the panel required forty-seven names. Hence the fifth venire of 500 names was ordered drawn to report at Q a. m., Monday. Meantime, the charges against Juror whitworth will be taken up and considered. Court then recessed until ? D. m.
 Hears whitworth chargea.
 After luncheon. when the Whitworth ease was taken upl Judge Hart said:
 "After due consideration believe it best to have Mir. WhItworth present to hear tie charges" s
 The defense objected but the court was insistent and c. ". Mitchell was recalled and told to repeat his charges that Whitworth, after the Carmacx Kiln ing, in blacksmith shop. had declared that "every damned one of the defena- ants should have been hanged"
 Whitworth had been brought in ana W1LH9U8.
 The State cross-examined Mitchell closely, but failed to shake him.
 The news that the Whitworth case was to be disposed of attracted the largest crowd to the court room that has yet marked the progress of the case. The crowd 1lled the afsIes and over-ran the bar until the court was forced to order it cleared. The tran. script of other witnesses testimony was read to the juror. who was then asked for statement
 The State objected to any testimony concerning whether the feeling towards Governor Patterson had changed or not The court passed the objection and told the juror to proceed.
 WhitwoHth asserted strenuously that he had never made the remarks attrib- uted to him by Mitchell concerning the hanging of the defendants but admitted that he said something about Governor Patterson having lost friends through the killing of Carmack.
 During whitworth's statement. the throngs. crowded inside the bar again whereupon the court fined the four dep- uty sheriffs SIC each for failing to obey orders. The orders of the court were later carried out strenuously.
 Two other witnesses. who were in the blacksmith shop the day the hang ing'' statement is alleged to have beer made, swore that they did not hear if.
 After a number of character wit nesses were introduced, the court said if would recall Juror Whitworth to in- terroRate him concerning his state ments about Governor Patterson. but would postpone the inquiry and decis- ion until tomorrow morning. to which time the court adjourned.