The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-02-16
COOPER CASE.
Judicial Twelve Sworn in Noted
Criminal Action-First Witness
to Take Stand Today.

Nashville, Tenn, Feb. 13.-On next
Tuesday at 9 o'clock a. m. will be-
gin the trial of Col. Duncan B. Coop
er, Robin J. Cooper and John D.
Shar charged with Staying Former
Senator E. w. Carmack.
After 20 days Of wearisome jury
drawing this decision was suddenly
and somewhat unexpectedly reached
this morning.
When court adjourned yesterday
the prosecution asked that the jury
be not sworn until the State had a
chance to investigate charges against
two of the Jurors. When court con-
vened this morning Attorney General
McCarn simply said: "We are ready
fur the jury to be sworn. your hon
Off,
Repeating the oath after the clerk,
the jurors then swor:
"To we'll and truly try the issue
Joined between the State Of Tennes-
see and the defendants. Then each
Juror kissed the Book in turn. 1t
was a solemn ceremony, solemnly per-
formed.
The State next asked several days
in which to gather its witnesses. The
court suggested THAT the taking Of
testimony begin at 9 a. m. Tuesday,
and counsel agreed. Then court ad-
journed until Tuesday.
In drawing for the jury the law
made those incompetent who had
talked with a witness to the murder
or talked with some one who had
talked with the witness. On the ap-
plication for bail the local papers
printed stenographic reports Of the
testimony of witnesses. The supreme
court had held that a newspaper
printing verbatim testimony becomes
a witness who has talked to wit
ness. Therefore every one in the
county who read the testimony be-
came incompetent to sit IN the case as
Juror. This eliminated at once the
most intelligent citizens Of the coun-
ty.
Twelve Out of 3,019 Talesmen.
As a result it was necessary to
draw five venires of 500 names each
and one Of SO. a total Of 3,O19, be-
fore the jury was secured.r -Four OF
the jurors accepted can neither read
nor write and two others understand
English only indifferently. All ex-
cept one of the y swore he 'lad not
read a newspaper since before the
killing, and some had not read one for
10 years: Bierman, the only excep-
ton. has been cut of the State from
the week before the killing until the
day he was summoned.
How, the last man chosen, was
foreman of the jury in the famous
Cox case. Cox was charged with the
murder of policeman. The jury
found him gdilty of murder in the
first degree but recommended to
mercy. Judge Hart refused to heed
the recommendatio and sentenced
Cox to death. Cox had powerful
friends and the night before he was
to be executed some one slipped pois-
on into his cell and he committed sui
eide. Judge Anderson, chief counsel
for the defense in the Cooper case, al
50 defended Cox. The fact that An
deason accepted How created no lit
tie comment.
The completed jury, with their ages
ard occupations:
E. NJ. Burke, carpenter, age Il:
Robert Mcpherson, farmer. age 49:
&. \. Lame, farmer, age 81; W. A.
Adicork, farmer, age 20; CaspheT
S:%'lr?p, farmer, age IL; J. H. Waugh
an. farmer. are 40; S. NJ. Hyde, far
mer, age So; Gus Knipfor. farmer,
AGE 81; F. 0. Bierman, real estate.
age 42: J. A. Woodruff, farmer. age
IS; Jacob F. Rutiger, farmer, age 49;