The Montgomery advertiser., 1909-02-13
TWELFTH MAN
 IS SELECTED Cooper Jury k Now Complete. hF @-e~--- STATE BRINGS MORE CHARGES Will Investigate Two Members ci
 ( Present Jury.
 -s
 Balance of the Present yeaire wim Be Retaiaea Ustii the Invessi-
 sassea Eaas aaa she Jury :. @ swsrn. &
STATE BRINGS MORE CHARGES

Nashville, Tenn. Feb. 12.--fIardiy had the jury been completed today In the case against Col. Duncan B. |. Cooper Robin J. Cooper and John ID. Sharp, than the State served notice that 1t might seek to again depiete the box.
 This incident followed e wearisome day. Nearly 900 taiesmen had been called without securing the twelfth turor. when. suddenly and unexpected iy, both sides accepted William Hows, German farmer, 55 years of age. With alacrity, Judge Fart ordered ,the sheriff to bring the complete jury into court to be sworn, Then ft was' that Attorney General McCarn interposed. Ee said he had information tentfing 10 show that two of the men now in the box were incompetent. This informa- tion. he explained. came too late for use before. He asked until Saturday morning to produce the proof, if such proof existed. Judge Hart consented to the delay. The case will be re- sumed at g a. m. tomorrow.
 The State cannot ask a change of venue. It cannot try a man unless 1t can get jury. If 1t cannot try him, he goes free.
 theoretically, that would be the re- suit of failure to get a jury" said Judge Hart. And while such a result is possible, consider 1t very irnprob- able. propose to get jury if it takes another month. shall make use of the list of tax payers in the Asses sor's office for the next venire. should one be needed"
 ". A. Bell, farmer, 50 years old, who had not read newspaper for twelve years, qualified. but was chal- .lenEed by the defense. A. c. Burnett, . horae trader to whom newspaper read ing is an undiscovered art. and e close friend of John D. Sharp. next quail fied. The State tried to have him ex- cused for cause. but was forced to use one of it's three remaining perefnptory challenges.
 The second panel did not yield sim gle competent juror and court adjourn@ Ted for luncheon whils the clerk pre- pared q. new panel.
 J. T. Dawson, q market gardener and a untvefstfy graduate. was the first mai srho aaalifsed after luncheon. When she defense found he had read ait the papers it challenged him Deremp- toriiy J. 1T. Lloyd, another qualified taiesmsn, never. believed. what be saw In e newspaper because once he read in one that e certain grocery sold thirty pounds of sugar for Q dollar. when he him it was mistake. Since then. he said. he did not believe anything in the "durned newspapers" Tn spite of this, the defense excused him.
 gray haired. gray whiskered. with face deeply lined, but erect and active atiil. |. T. Horn. aged e6. one of For rest's famous hard riding cavalrymen. read the papers, but had formed an opinion. It developed as he was exam iIied that he had been in the Federal urfson ct Rock Island for the last eighteen months of the civil war. @And Jeff . set of perfectly good toe nails there. too. after cold spell" he grfmly remarked.
 Colonel Duncan B. Cooper, one of the Attendants, was one of Forests offl- cers. too. but in spite of this the State accepted Horn as juror. The fact evidently aroused the suspicious of the defenae. for e lengthy conference fol- lowed. Then. to the surprise of every one. they challenged him peremptorily.
 William Hows. aged 6b. a farmer waa accepted as the twelfth juror. lm- mediateiye after he was chosen, Attor- ney General McCarn objected to the 1ury being sworn, and said:
 sTnforrnation has come to the State whlch we have not had time to invest igafe concerning two men already chos- en on the jury. suggest that the pal, .rce of the present venire be retained rntsi v,a can investigate the charges srsl decide upon our course"
 Acting upon this information Juoge Hart adjourned court uneii @' "' srhe names and occupations of the .,,ea1r,a r,en now in the jury box quail flea to try Coloner Duncan B Cooper nss.in Cooper and John D. Sharp. eharged with killing former United states senator E. W. carmack follow: F M. Burke, carpenter; Robert Me- Emerson, farmer; c. A. Lane IarihSr'
 rssnar schnupp,~ farmer; J. H. Vanrhan farmer: Shiloh N. Hyde. far mer. Gus K. Ripper fruit grower; r. O. Beernan, real estate dealer; J. A. VVoodruff. farmer; Jacob Frutiger, fruit grower; W. Az AdcOck. farmer;