The Montgomery advertiser., 1909-01-28
STILL AT WORK TO GET A JURY Little Progress in Cooper
 Case. TESTS COMPETENCY OF MEN court Hears testimony as to
 Drinking. Judge Hart Examines late Accusations Against Jurors and Cautions srAem Against she Use
 of Liquors.
 

Nashville Tenn, Jan. .zt.--Ihe nrst day of the second week of the trial of Colonel Cooper, Robin Cooper and John D. sharp for the staying of Sena- tor D. W. carmacK. closed this after noon with no further progress In the selection of the jury.
 Deputy sheriffs are riding the coun- ty to summon the third .venire of 500 talesnreh, which will report Friday. But if no progress was made in com pleting the jury. 1t at least was not depleted. Judge Hart spent the day hearing testimony as to. the cornpe- tency of Juror Leigh and in formulat- ing definition of drunkenness. About sixty witnesses were examined on both sides. Those for the State were quite positive that Leigh was drunk when selected and was an habitual drunk ard.
 One man swore that Leigh had de- elared that Carmack was a blank, blank, and should have been killed long ago" Others said he had expressed the opinion that Sharp was innocent and that the Coopers were justihabiy pro- volked es. t..-4=,
 On the side of the defense, the wit nesses admitted Leigh was a drinking man. that he had taken "a few" the day he was chosen on the jury. but they insisted he was not drunk within the definition of Judge. Hart--that is. that he was not making public nuis- ance, of himself a-.s.s,s
 R. H. Sherrin, q member of the grand jury, called by the defense, thought Leigh was sober on last We'd nesday. On cross-examination he vio- iently denied that after he had gone on the bond of former Sheriff Cart wright, arrested for perjury in connec- tIon with this case, he had said, "Nev- CT mind, Tom, this charge against you wdll have to come before me in the grand jury. room"
 Leigh Admits Drlnking.
 After both sides had closed, Judge Hart called Juror Leigh, explained the charges to him. and told him his priyi- aeges. f xa
 promptly agF@ed. "And also on Wednes. day morning. the day I was selected, Killed long ako.e .i
 HeE said he had declared a belief in sharp's innocence but, denied saying anything about the Coopers. On cross sxarnination he qualified his admission of dfunkenness and declared what he meant was that he 'was little drink ing'' those two days.
 Ou MG&u yOh WGHC uAOGT hl6 6si iu7 duence of liquor the day before you were selected and on the day itseIf?' "Yes, sir"
 rBut not drunk ?'' No, sir; when I'm drunk I don't know anything" aN
 He admitted that he had been having two drinks day since being on the jury.
 The court ordered Leigh returned to Al. | 1. cided and he was advised to "cut outF' the two little drinks day hereafter.
 Attorney. General McCafn asked that an order be entered prohibiting the serving of liquor to the jury and the court so ordered except In the case of Juror Whitworth,, whose physician pre- scribed it. Judge Hart then said he would listen to discussions on the case in the morning, at which time, too, the charges against Juror Jackson will be considered.
 Mamy Spectators Present.
 Despite the delay in securing a jury in the case against Col. Duncan B. Cooper, Robin Cooler and John D.Sharp. charged with the murder of former Senator E. W. Cartnack, the court room was we'll. filled this morning when Judge Hart mounted the bench to hear the testimony in the charges against the two accepted jurors.
 John s. Leigh and H. P. Jackson. now in the jury box, are accused by the State of being habitual drunkards. In addition Leigh Is charged with hav- ing expressed an opinion.
 In the Leigh case, the State has sum moned fifteen witnesses and the de- fense twice as many. In the Jackson case, the State has subpoenaed fifteen or twenty. but the defense has not in dicated its action.
 The venire of 800 men has been drawn and the sherin's deputies are out on the ride to summon them Friday at 9 8. m. At that time the work of completing the jury will be resumed.
 Judge Hart asked counsel on both sides how they wished to proceed. The defense asked that Jurors Leigh and charges. The court agreed to Ques- tiOn the jurors as to having expressed an opinion but said the question of drunkenness must be testified to by witnesses to enable the court to de- eide.
 And presume I can get expert tes- timony on drunkenness right here In the court room," remarked Judge Hart with a smile. <
 "DOubtless." answered the Attorney General.
 That is, if I need it." continued the court. q have some expert knowiedEe myself"
 We will leave to you, Judge. . chorused the defendants attorneys,
 The counsel on both sides then asked time to consult with witnesses which was granted.
 It was II o'clock before both sides were ready to proceed in the Leigh ease. Judge Hart ruled that the jurors attacked would not be told of the charges until the State had made a prtma facle case.
 B. O.. Carter, the first witness, swore that he talked with Juror Leigh the day before the latter qualified as a juror and noticed that he was drunk At once the question Of what consti- tuted drunkenness was raised.
 The State attempted to show Leigh'e reputation but the defense objected and Judge Hart sustained them, say ing:
 Tn some. things the only way to get a conclusion is by a mans reputation But when a man gets drunk he is about the widest open proposition of 2 which the court has any Knowledge r
 Dednes DRunlxennesa.
 "He makes public his condition and all I want to learn is how often he was in that condition. some men say an habitual drunkard is a man whc