The Birmingham age-herald., 1909-01-29
TWO JURORS LOST
 IN COOPER CASE
Leigh and Jackson Are Drop
 ped By Judge Hart
JUROR WENTWORTH IS ILL
Judge Hart May Excuse Whitworth and Has Called Upon the Doctors to Testify as to Extent of
 the Jurors Illness.

Nashville, January 2S.-With the jury numbering two less than it did five 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. Carmack, ended today with every prospect of a further depletion. The court excused Jurors Leigh and Jackson, charged with drunk enness and bias, today, and intimated that Juror Whitworth would be excused tomorrow The latter has been i'll for several months and two physicians have signed certificates that if he remains in the box his life may be forfeited. The state opposed his release and the court ordered the physicians summoned to the stand They will appear tomorrow. At the same time the new venire of 800 men will appear, and an effort will be made to get from them the balance of the jury.
 Following Juror Leigh's release from the box he was arrested on a charge of perjury and released on s15oO bond to answer before the grand jury
 When court opened this morning the charges against Juror Jackson were called. He was accused of being an habit ual drunkard and of having expressed an opinion.
 Juror Whtworth III.
 It also developed that Juror Whitworth, one of the men accepted, is in delicate health, and that his physical condition as reported by his physician is such as to cause the court grave uneasiness as to his ability to continue in the box through a long trial. Under these conditions it is considered possible that Judge Hart will excuse him. This also would result in further delay in the completion of the jury and the commencement of taking of testimony.
 Counsel agreed finally when court op- ened to submit the Leigh case without argument. Then Judge Hart said:
 q have given the case careful consid- eration, weighing the testimony for and against the juror. The charge of drunk enness is controverted, but 1t is evident the juror is biased, and as such the re- taining of him would make the jury prejudiced one. Therefore I excuse MT. Leigh from service"
 "I ask that Mir. Leigh be held for the grand jury on the charge of perjury" said Attorney General McCarn.
 Warrant Against Leigh.
 'Tf you wish him held" answered the court, swear out a warrant" The de- fense objected strenuously to any action against Leigh, but the attorney general left the room to issue the warrant.
 While the attorney general was prepar- ing the affidavit, Judge Hart ordered the charges against Juror Jackson, accused of habftual drunkenness brought to trial. The witnesses were called and the at torneys for the defense retired for consul taton, having first entered formal ex- ception to the dismissal of Juror Leigh.
 The defense served notice that it would ask the court to dismiss the eight men left on the jury on the ground that the dismissal of Leigh had prejudiced the others against the defendants. The formal motion to this effect will be filed later.
 The first witness against Juror Jackson swore that the juror, who is blacksmith, would put a shoe or two on a horse col leot for the work and go three miles to a saloon for a drink before he would finish the job.
 Squire Lewis, who lived near Jackson for 25 years, saw him sober once in the 25 years.
 Jackson Dismissed.
 At this point the defense admitted that Jackson was unfit and consented to his dismissal. This leaves seven men in the box.
 The court next read a letter from Mrs. J. M. Whitworth concerning her husbands condition. She said two physicians agreed that Whitworth's condition was such as to have him serve might mean his death. Under such circumstances Judge Hart said he felt 1t best to relieve MT. Whit worth, who was the fifth juror chosen.
 The state objected to Whitworths dis missal and the court ordered the physi- clans summoned forthwith.
 The doctors were busy so the decision was put off until o'clock tomorrow morning.
 Juror Leigh was arrested in the cloak room on a charge of perjury and bound over to the grand jury. He gave $500