The Birmingham age-herald., 1909-01-31
Juror WhitwOTth Is the Principal
 Bone of Contention
NO NtW JUROR IS SECURED
Judge Hart Has Lively Debate With the Attorneys About the Jurors and Letter Which Had
 Been Lost.

Nashville. January SO.-(Special. )--ren- nessee courtesy got tangled up with Ten nessee temper today in the Carmack Cooper trial, and for a brief time bade fair to mix the generals and judges and captains who abound among the opposing legal forces in bitter controversy.
 Even Judge Hart had grievance and made earnest protest against the theft of a letter from his desk. But in the end everybody said he didn't mean any one in court and the court put the dispute over until Monday morning.
 Juror whitworth was the bone of con tention again. Doctors had written the court. declaring that his continuance on the panel might mean his death.
 Attorney McCarn insisted that Whit worth was not half as sick as was be- ing claimed, and that the only bar to his serving was the desire of the defense to have him removed, rest he should prove too ardent Carmack supporter in the end.
 We have advice that some one has declared that Whitworth must be got off this panel at any cost interjected Attor ney General Garner of Lawrenceburg for the prosecution, We understand that it is not only MT. Whltworths health that is in question"
 This has not been before the court, gentlemen" said Judge Hart. "If there is anything to il this court wants to know it at once.'
 We will prove these statements be- gan General McCarn. but he was inter rupted by protests from the defense.
 We care nothing for the information the prosecution. may have" General Washington cried in a voice full of pas sion. We ask for facts. We are con- dueting straightforward case, as gentle men should conduct a case and we defy any one to bring charge against Harry Nichol, who first called the courts at tention to Whitworth's illness"
 T am casting no asperslons on MT. Nichol," shouted Garner.
 Let me finish,' began MT. Washington.
 ''The court says he will investigate" interrupted MT. McCarn.
 Let me reply, I want to"
 If you will leave out the personalities. l will indulge you,' said the court. "I have word to say myself about let ter"
 May I interrupt your honor to inquire if you have received a second communi- cation from Mrs. Whitworth concerning her husband?" said MT. Garner. We have information that second letter has been received. To refresh the mind of those who nave seen our information is that the letter stated that under no cir cumstances did she desire MT. Whitworth removed from the jury except with his consent. Our information comes from MT. Jordan Stokes, Jr., who is as warm friend and partisan of one of these de- fendants as exists in this state, and he is the man who brought the note, your honor"
 Whitworth was sent for and declared he was a well man and anxious to do his duty. A special physician was appointed by the court and on his report depends Whitworths continuance on the panel.
 Summonses for 500 aditional veniremen were issued today. Judge Hart told the deputy sheriffs to disregard the cold, arm themselves with whatever brand of in ternal heating fluid you like best, but get the rest of the jury