The Montgomery advertiser., 1909-01-31
eOURT WILL :. INVESTIGATE Serious Charges Preferred by Prosecution. JUROR wHrIWoRTH's CASE
 ----s---- s State Declares Cooper,s counseI Want Him Excused. | ------.s---- ssass Hars D.elsr.- rHss Nc Prspssss ss see Everysss Gst . ssu.rs Ds.i--Ne msrs saress :. Ars >Cksssz.
 

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 Nashville. rem. Jan. So.---The tenth day of the trlsa of Colonel Duncan ". Cooper, Robin T. Cooper and John p. Sharp. for tho murder of former senas tor D. ". Carmack. opened this morn- 4nx with less than . hundred of the 60s : kalcamen sumnoned. in court.
 i- The jury box now contains nine men, one of whom it is considered certain win ba reIeased becanse eK his health.
 Jndxe w. M. Hart had announced fhaf he would net hold sessions on Sat- nrtzay but becaz1hs Of the presence of sRaiesrfen in the city. decided to violate aAs own order antii after the jury Is secured. s,s.,
 Moss of the taiesmen yet to Do exam- iusd on the third venire of 500 men. are eitizens Of Nashville. most ef5 whom have read the testimony of the wit nesses at khe hearlng for bond. and wso are tllus disQualified for jury ser- vice under the Tsnnessee laws.
 The list was quickly exhausted with cut securing juror and the new ve- efre Of Seo was ordered 10 report on TueeAay inoEninz. ' A5.-
 z Judge Hart then called Juror Whit worth at the reQuest of the state. At- sorney General McC&ru aal<ed him con- was 1es1inx pretty weal The State in- s9sted that he remain on tbb jury. Judge Hart said:
 e n do not want to take any chances of a mistrini because of the Illness of . juror. A man who has an organic disease is more liable sto be.all than an-
 At sais point Attorney Garner for tho State declared;
 For some ysAeeen, which ysar honer wili appreci4te, the word has gone out that Whitworth mutt Dc gotten of that jury. This is a scheme to get the man ofE Now # he is Incompetent, prove 1t But we hear that men even went to Mks Whitw0rth and told her that her husband was In | pfecaricus condition in order to excite her fesrs.a
 +Ie there fs anything like this going on, the court wants to know It," said Judge Hart sharply.
 The attorneys for the defense were Son their feet instantly. clamoripg- &a be heard and denouncing bitterly any in- situations that thsy were guilty of un- defhand practices. '
 The prosecutors denied that they at- trlbpted the plan or even the knowi- edge of t. to counsel for the defense, but insisted upon an investigation.
 s1t certainly will be investigatedtf' wAs the courts emphatic comment.
 Then Attorney Garner remarked:
 This ig only information. you un- 4ernfands We do not know as to It's truth or eaisity. But we understand that Mrs. whitwnftb has sent second latter ko your honor, keylng she did not wish her husband removed from the jury without ei lS conseht. N (. As xon knew of the nots.s setd the court, '.xou might tell me where 1t Is had it here and proposed Co bring it Co your attention. hne somebody haa taken 1t from the beach and saved me she trouhie.~
 Th6 stats claimed 1t got It's fnSorms- tlou from the man to whom Mrs. Whit worth gave the note and was exoner- ated.
 These charges are serlou&'' said Judge Hart. This court will not per nait chicanery. It proposes to sec that everyone gets square deal. If, how ever, the court finds that Mr. whit wosth really is wictfnl of Brigft's afsease. he win be excused, and this fn itself win disprovs the ehsrgeG To thia end, pr. Brewer, one of the most anainsnt surgeons in this section, will examine MT. Whitworth again and re- port to the court on Monday At that aagne, fhen. we will investigate the ehargss made by the States attor- neys.F
 Thereupon court adjourned until eSonday at eias n, 'st'Sssss es4 s..as sl
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