The Washington times., 1909-01-28
Decision of Judge Hart
May Temporarily
End Case.
THINKS LEIGH HAD
AN OPINION FORMED
Two Others Expected to Be Ex-
cused-One Reported
Critically III.

NASHVILLE. Tenn. Jan. 2s.-By re-
moving Juror ]. s. Leigh. who had been
attacked by the State In the Cooper-
sharp murder case, Judge Hart today
created a situation that may bring the
present trial 70 sudden temporary end
The attorneys for the defense declare
mat lnasmGeh as the oredibility of
one juror had been assailed, the other
eight men, who have been locked Lp
with him, and who were thus exposed
TO contamination. should be DISCHARGED.
ana the work OF selecting a jury begun
all over again.
Judge Hart disputes this but mas
taken the argument under consideration,
and VIII render a decision later.
The remainder Of today's session Is
being devoted TO an Investigation OF
the charges OF hahituaI drunkenness
brought against Juror Jackson. Numer.
Gus witnesses testified against him. and
the general expectation is that he vii
be removed BY the court.
Jurror Very III.
On behalf Of J. NJ. Whltworth, an
other juror. an appeal for his 6ismis-
sal has been dled on behalf q hiB
family who allege he may die # apt
IN the jury room. He is expected 10 be
released by the court. who today ap-
pointed his own personal physician to
examine Whitworth and report
Judge Hart. IN his decision in the
Leigh case. declared that the juror was
disqualified and excused him from fur
ther service on the ground that he had
formed an opinion when selected. Leigh
was held for investigation by the grand
jury on 81 allegation of perjury pre-
ferred BY the State
Judge Hart refused to hold Juror
leigh but Attorney General McCarn
had maoe arrangements TO have him
arrested. and this was done.
Swears Out Warrant.
AieCarn personally swore out the war
rant alleging that Leigh pertured hiri-
self when under examination as 20 his
qualifications for jury duty. The case
was taken at once before the David
son county grand jury now IN session
In the meanwhile. Leigh was arraigned
before a justice Of the peace and gave
bond for his appearance when wanted.
The arrest has created a profound
although Judge Hart de-
olines to pass upon the State charges
OF drunkenness, declaring that It was
and that the question OF
opinion was sufficient TO disqualify.
Judge Hart and several Of Juror Whit
worths legal friends are searching the
state laws for a precedent that will per-
hit his being excused from service.
Governor ParteTson's open oeclara-
ton In his inaugural address that he
personally resents the cowardly and
base allegation that 81 was concerned
IN any assassination OF Senator Car
mack means. ii was learned today.
that he Will take the witness stanu IN
behalf or John sharp.
The defense claims u viii show, by
no less an authority than the gov
srnor, that the allegation that a "eou-
5piracy' existed 10 murder Carmack,
in behalf Of the liquor interests" Is
an absurd impOssiblllty.
Bitter Hatred Growing.
The bitter, unreasoning hatred en-
yeudered by the belief whether true
or false, that the men who fought
Carmack IN life are protecting those
who killed him in court. will not
1own.
Many new made graves IN Sunny
Tennessee are expected to follow the
verdict Of this jury. and II is not to
be wondered at that the faces OF the
awyers. the persons directly con
,erned on both sides. and even OF
Judge Hart himself grow grim and
hat they become sensitive and silent
Is the days 80 by.
Edward Ward Carmack. the idol OF
lis followers, brilliant and Iovable
md a hard fighter IN life, cannot Fest
Iuietly in his grave. II IS more plain
laily that his memory must prove =
more potent cause for strife than did
IFS meteortc career.
Court finally adjourned until tomorrow
morning, when expert medical witnesses
Who have been in attendance on Whit