Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-02-02
Third Letter Is Received From
Wife Of Juror WhitwOrth
Withdrawing Demand That
Husband Be Excused.
SAID SHE WAS ALARMED
AFTER SHE Had READ
PHYSICIAN WAS CALLED
Recess is Granted I'm Order That At
torneys On Both Sides Might 2x-
anime Letter-Differs Materially
from Other Letters About Man.

fBy Associated Press-)
NASHVILLE. Tenn, Feb. with dep
uties summoning a new venire Of 500 to
complete the jury that viii try Colonel
Duncan Cooper, Robin Cooper and John
d. Sharp for the murder OF Former SEN
ator carmack. Judge Hart today eonsid-
cred the request that Juror J. " Whit
worth be disqualified because Of i'll health
The court. when the proceedings openSd'
announced that he had another letter,
the third. from the wife OF Juror Whit
worth. This differed materially from the
initial message that caused the institu-
ton OF the present proceedings, Mrs
Whitworth Withdrawing her demand that
her husband be excused
she explained that she was ''unnecessa-
rily alarmed BY reading that physi-
clan had been called TO attend juror
and that without investigating" she had
written the original letter asking for his
discharge
A recess was granted in order that the
attorneys on both sides might examine
the letter.
Attorney Garner. for the state. opened
the argument after the conference He
said that, some then unknown party call
ed M a friend OF Juror Whitworth,
named Nicoll, and asked how Juror
Whitworth stood on the Cooper case
This man." he went on, then called on
Nicoll and two other friends OF the Ju-
ror and what he said TO them aroused a
fear In their hearts that Whitworth would
get into trouble II he were left on the
jury Then, and not until then, did the
friends OF the juror attempt TO secure
whitwOrth's release The questions
they put to Mrs Whitworth frightened
her and she then selected the physi-
clans certificate as the easiest way out
OF the danger.
Opposes Jurors Release
Mrs. whitworth then went to the fam
fIy physicians and said she wanted a
good strong certificate to get him of
The jury Mrs whitworth did not fear
that her husband would suffer from dis
ease. but she did fear that his life was
in danger from some mysterious source.
should he serve honestly on the jury
we don't know who prompted these
methods. or who put them into effect but
we oppose the release OF Juror Whit
worth unless he be proved legally in
competent"
General washington replied for the de-
Tense, claiming that the physicians GER
tificates and the testimony Of DR.. Sui
Ivan were under oath, while Attorney
Gamers statements and Mrs Whit
worth's letters were not He said that IL
Whitworth be a victim of Bright's dis
ease. he should be excused.
The court interrupted 20 remark that
there seemed TO be no issue between
state and defense, that both agree to
excuse the juror II he be I'll and that
the only point TO be decided is whether
or not he Is a sick man.
Three Physicians Summoned
The state next announced that # had
secured the presence OF three physicians,
one Of them pathologist. and asked that
they be ordered TO examine the juror. The
court asked the defense II 1t had any OBJ
lection. Judge Anderson said: This is
not the defense's fight. and IL does not
want to take part, However, we have
had two reputable physicians. I suggest
that the court send for DR.. Brewer and
hear him Then. II the court is not salts
fed. to call other doctors would be in
order"
The court announced that DR.. Brewer as
a family physician, would be better able
TO settle the point in dispute, and he
would prefer TO have this physicians tes-
timony first and learn whether or not an
other examination might endanger Mr.
Whitworth's health
DR.. Brewer and hear him at 1:SO p. m,
70 which time I viii adjourn court con-
eluded Judge Hart.
DIR. Brewer Called
When court opened after the neon
recess, DR.. Brewer was called. Before
he could be examined Attorney Gen
eraI sIcCarn asked permission to make
a statement
The state has come 20 the conclu-
sion that the defense over there" point
ing TO the Cooper attorneys, has in
stigated this night TO get rid OF the
Juror whitworth. And they tried TO
have IL done by intimating that he
might get into trouble over his an
swers on examination as a juror and
suggested this illness as ruse- Now,
this casts a suspicion on Mr.. Whitworth
which we resent and we wish TO have
this phase investigated"
This phase is not before the court
-xeC. We Will hear DIT. Brewer"
The Doctors Statement
The court explained TO DR.. Brewer what
had been stated The doctor said:
Mr.. WhitwOrth had an acute attack
OF nephrffls two months or more ago
caused BY the trauma OF a kidney stone
would not say he had Bright's disease
because Bright's disease is general tern
covering several kidney diseases. These
symptoms are likely to return at any time
or they may never return. II they re-
turn. then the juror would. undoubted-
q. be untitled FOR service. The irritating
sources might be violent exercise, excite
ment or excesSes.
Would you consider that sitting on 6
jury would cause him to have the troub
iefa"
No sir. he's liable to have IL any tim,
under any condition"