Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-02-16
JURY TAKES OATH;
COURT IDJOuRNS
STATE ASKS SEVERAL 'DAES IN
WHICH To GET UPWITNEssEs,
. so TAKING TESTIMONY WILL
BEGIN TODAY.

NASHVILLE, Tenn, Feb. 13-Without
further charges, the jury was sworn at
9:15 this morning in the case against Col.
Duncan b. Cooper, Robin j. Cooper and
John d. Sharp, charged with the Staying
of former Senator E. w. Carmack.
When court adjourned yesterday, the
prosecution asked that the jury be not
sworn until the state had a chance 70
investigate charges against two of the
jurors. When court convened this morn
ing Attorney General McCarn made no
reference to these charges, but simply
said: s.....- IS. 81. ~~5-
I'VE are ready for the jury to be sworn.
your honor" et
The clerk took three jurors at a time,
had them place their hands upon small.
well-worns Bible, which has served in the
court for years, and repeat after him the
oath: sv...e ....s- sas ~
ITO well and truly, try the issue Joined
between the, state of Tennessee and the
defendants" Then each juror kissed the
Book in turn. 1t was solemn ceremony,
solemnly performed. 7 -
The state next asked several days in
which to gather its witnesses. The court
suggested that the taking of testimony
begin at a. m. Tuesday and counsel
on both sides agreed, Then court adj
journed to a. m. Tuesday.
IHC ndIleS. Oh anu OCCuDdllOnS- OF the Il
men now, in the jury box qualified to try
Col. Duncan 3. Cooper. Robin ]. Cooper
and John d. Sharp, charged with the
killing of former Senator E. W. Carmack.
follow:
Tedious Work Getting Jury s
Everyone connected with the, Cooper
Sharp trial drew a long breath of relief
today when the state announced that II
was satisfied with the jury selected. and
was ready to proceed with the taking of
Testimony on Tuesday morning
|. For twenty days the court, attorneys
and officers have been YEARLY trying to
get competent jurors. The law made
those incompetent who had talked with q
witness to the murder or talked with
some one who had talked with the witt
ness. On the application for bail, the
local papers printed stenographic reports
of the testimony of witness.
The supreme court has held. that a
newspaper printing verbatim testimony
becomes a witness who has talked to a
witness Therefore, everyone in the coun-
ty who read the testimony became incom-
penent to sit in the case as juror. This
eliminated at once the most intelligent
citizens of the county. 49,
Five Venires Drawn
AS a result it was necessary to draw
five venires Of 500 names each and one
of SIG or a total of 3.6ls before the jury
was secured. AS it is. four Of the jurors
can neither read nor write and two others
understand English only indifferently.
Everyone of the twelve swore he had
not read a newspaper sine ebefore the
killing, and some had not read one for
ten years. Bierman. the only exception,
had been out of the state from the week
before the killing until the day he was
summoned.
The six venires were divided into "a
panels ranging in size from 1o2 to 80
names. ,rs.4. g., IS. p, ,-,-7t-., ~
.Hows, the last man chosen. was fore.
man of the jury in the famous Cox case
Cox was charged with the murder Of po-
liceman. The jury found him guilty OF
murder in the first degree but recon-
mended mercy Judge Hart refused 70
heed the recommendation and sentenced
Cox to death. Cox had powerful friends
and the night before he was to be exc
cuted, some one slipped some poison into
his cell with which ne committed suicide.
Judge Anderson, chief counsel for the de-
Tense in the case. also defended Cox. The
fact that Anderson accepted Hows, cre-
ated no little comment.
Complete jury
The complete jury, with their ages and
occupations: M
E. NJ Burke, carpenter, age a.
Robert Mcpherson, farmer, age 49, r
1 G. A. Lane, farmer, age 81.
w. A. Adcook, farmer, age Is. tafa
Casper Schupp. farmer, age Al. ~
]. II. Vaughn, farmer age 40.
S. NJ Hyde, farmer, age 3d.
Gus Knipfer,- farmer. age Az
f. Q. Bierman, real estate, age AZ.
]. A. Woodruff farmer, age IS.
Jacob Frutiger, farmer, age IS. "a
XVflIfarn Hous farmer age "a