The Montgomery advertiser., 1909-01-30
COURT FACES HARD PROBLEM Jurors For Cooper Trial
 Scarce. HANY PANELS EXHAUSTED Only Two of Entire List Attempted
 to Qualify. s-sss whltw.rta. whs !. m. H.. ses Yet Bee. Dlsml.s.a. owiss
 e sss..s Urs-.t R.s.e.t s- ts Defer Acsisa. aI HI |

Nash%nAs~ Jan. 2e.---The ninth day of the tfssd fof Col Duncan B. Cooper. Robin Cooper and zJohn D. Gharp. for the murder Of former Sena- tor E.. W. csrnack, closed with two Additions having been made to the Jury. which now numbers nine.
 The two recent acqufsitions are Gus knipfer and F. O. Beirman.
 Up to tonight. 1.1s5 talesmen have been examined in an effort to get the twelve men. or those vino qualified, the State challenged thirteen. the de fense challenged twenty-three and the court excused two after they had been declared satisfactory to both sidess or the last venire of 500 men, 1s5 have been called. It is conceded that the action of the State in charging two tAlesmen with perjury has greatly re- diiced the chances of getting Jury at once. Many of those suinmoned say they may have expressed an opinion ct the time the murder occurred and for fear of indictment, they disdpsiify themseives. ss 2
 Those who are left on the venire will De examined tomorrow. and in ahticlpa- tion of a failure toacompiete the jury from those remaining. Judge Hart has ordered a fresh venIre of 500 moF~ Msmes. This will exhauA half the names in the jury wheel.
 When court opened this morning the 500 talestnen Of the third Tenire from which jury to try Colonel Duncan Cooper, Robin Cooper and John D. sharp, for the murder of former Sena- tor E. w Carmack will be selected, were present. s
 The court announced that no ex- enses would be accepted and then or. dered that the physicians who, signed the disability certificate of Juror Whit worth. be called. Dr. Sullivan re- sponded first and the court called Judge Ahderson. of tEe defense. and Attorney General Mccain of the State, to the bench for a consultation with the physician. The latter described Juror Whitworfh,s condition in detail and de- clared that in his opinion, the confine- ment and strain of tile trial might re- suit in the jurors death. s
 The State urged that no action be taken and insisted on an examination of Dr. Sullivan. The latter is the jurors family physician. He said Ju. TOT whltworth had Bright's, disease. q fatal malady which, might be greatly aggravated by confinement or excite ment.
 Harry Nichols, a Iife-long friend Of Whitwofth. told how he insututed the move to have the juror released be- cause Mrs. Whitwortll feared for her ANEDAHQ 1H0EE AAsII N sAS LIE posed to. excuse the jnrof at. once but the State asked that decision be withheld until the next panel was ex- hausted. The court consented and the attorneys asked a recess for consulta. ton on the venire. r,
 Following a conferenee of an hour :. the work of examining the taIesmen vas commenced. The. first panel con sisted Of sixty six inTen. One by one aH tfaA an. tfftrl and one by one they were excused by the court without securing a jukor. Che man qualified but was challenged by the defense.A A second panel of sixty-hve talesmen was. at once made up from the venire and the list given tD the counsel for examination. Court adjourned then for the noon recess
 The examination of the second panel began at I ?. m. and twenty men were called before one attempted to Qualify. This man was W. J. Stringfellow, an aged farmer. He said he was friend of John sharp, had heard the testimony read from newspaperss and had formed an opinion, The State objected to him and the defense made a frantic effoFi to force him on the case After hail an hour of violent oratory, the court held him competent. although In q similar case in the morning he5excuset the juror. The State then challenged him peremptorily.
 The second panel of sixty-ave wal completed at s:15 p. m. without result not single juror in 13i men examined and only. two attempted to qualify.
 At 4:45 D. nl.. Gus Kniffer, e young German farmer. who speaks little Eng fish and did not know what con scientious scruple is, was accepted as juror No.r $.
 At s:fo p. m., the ninth juror F. o. BeirmAn, druggist, was accepted.