Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-30
CRUM As AN ISSUE NEW VEN|RE ORDERED
Effort to Send Case Over to Fourth Draft of 500 Taesmen
! the New Administration. in Cooper Trial.
HOL DING UP NOMINATION JURY TAMPERNG CHARGED
Tman Trying to Line Up Demo Alleged Efforts to Have Juror Whit
! Gratis Soldly. worth Excused
WANT TO PUT TAFT RECORD INVESTIGATION
Illness
| Howl Next dent to
Negro Appointments him on.
Fourth Draft of 500 TaIesmen
in Cooper Trial.
JURY TAMPERING CHARGED
Alleged Efforts to Have Juror Whit
worth Excused.
JUDGE ORDERS INVESTIGATION
Claimed That Reports Of His Illness
Are Scheme to Get
Him Off.

NASHVILLE, Tenn, January 3n.-The
tenth day of the trial Of Col. Duncan Is.
Cooper. Robin J. Cooper and John ID.
Sharp for the murder of former Senator
f. w Carmack opened this morning with
less than hundred of the three hundred
and five talesmen summoned In court
The jury box now contains nine men. one
Of whom it is considered certain will be
released because of his health.
Judge w. NJ. Hart had announced that
he would not hold sessions Saturday,
but because of the presence of talesmen
In the city decided to violate his own
order until after the jury is secured.
Most of the talesmen yet to be ex-
amined on the third venire of five hun
bred men are citizens of Nashville. most
of whom have read the testimony of the
witnesses at the hearing for bond. and
who are thus disqualified for jury service
under the Tennessee laws. The list was
quickly exhausted without securing a
juror A new venire Of five hundred was
ordered to report Tuesday
Judge Hart then called Juror Whitworth
at the request of the state. Attorney Gen
eral McCarn asked him concerning his
health. The juror said he was feeling
pretty we'll. The state insisted that he
remain on the jury. Judge Hart said:
II do not want to take any chances of
mistrial because OF the illness of a
juror. A man who has organic disease Is
more liable to be i'll than another man."
At this point Attorney Garner. for the
state, declared:
Jury Tampering Charged.
For some reason your honor will ap-
preciate, the word has gone out that
Whitworth must be gotten off that jury.
This is a scheme to get the man off.
Now, If he is incompetent, prove 1t. But
we hear that men even went to Mrs.
Whitworth and told her that her husband
was in a precarious condition, in order to
excite her fears.
IF there is anything like this going on
the court wants to know said Judge
Hart. sharply.
The attorneys for the defense were on
their feet instantly. clamoring to be
heard and denouncing bitterly any insinu-
atons that they were guilty of under
hand practices
The prosecutors denied they attributed
the plan or even the knowledge of it to
counsel for the defense, but insisted upon
an investigation.
1T certainly will be investigated was
the courts emphatic comment.
Information Only Hearsay.
"Then Attorney Garner remarked: This
Is only information, you understand. We
do not know as to its truth or falsity.
But we understand that Mrs. Whitworth
has sent second letter to your honor
saying she did not wish her husband re-
moved from the jury without his con-
sent"
LAS you know of the note said the
court. you might tell me where it Is. I
had it here and proposed to bring it to
your attention, but somebody has taken
it from the bench and saved me the
trouble
The state claimed it got it's informa-
ton from the man to whom Mrs. Whit
worth gave the note and was exonerated.
These charges are serious" said
Judge Hart. This court will not per-
nit chicanery. 1t proposes to see that
every one gets a square deal If, how
ever. the court finds that Mr.. Whit.
worth really is victim of Brignt's
disease. he will be excused and this
in itself will disprove the charges TO
this end, DR.. Brewer will examine Mr.
Whitworth again and report to the
court on Monday. At that time, then,
we will investigate the charges made
by the states attorneys.
The court then adjourned until Mon
day at am.