The Montgomery advertiser., 1909-02-14
COOPER JURY . SWORN IN State scepts All Twelve
 Men. TMAL TO BEGIN TUESDAY ,---e--- Prosecution Not Yet Decided Upon Its. Procedure. It is Annepneea That cess-s ss sA. Defense win Depend Upon
 That of the
 State.

Nashville, Tenn, Feb. 13.-without
 further changes. the jury was. sworn
 at 9:i6 this morning in the case against Colonel Duncan B. Cooper, Rob.
 in J. Cooper and John D. sharp
 charged with the staying of formeI
 Senator E. W. Carmack.
 When court adjourned yesterday. the
 prosecution asked that the jury be no,
 sworn until the State had a chance to
 investigate charges against two Of the jurors. When court convened this morning Attorney General McCarn made no reference to these charges but simply said:
 We are ready for the jury to be sworn, your honor."s
 The clerk took three jurors at a time. had them place their hands upon 8 small. well worn Bible, which has served in the court for years, and re- peat after him the oath:
 'To well and truly try the issue join ed between the State of Tennessee and the defendants" then each juror kiss ed the book in turn. It was . solemn ceremony solemniy performed
 The State next asked several days in which to gather it's witnesses. The court suggested that the talk lSlrig sof tes- timony begin at 2 a. m, Tuesday. and counsel on both sides agreed Then 5
 Everyone connected with the Coop er-sharp trial drew long breath Of relief today when the State announced that it was satisfied with the jury se- lected and was ready to- proceed with the taking of testimony on Tuesday morning. For twenty days the court, attorneys and officers have been weari- ly trying to get competent jurors. The law made those incompetent who had fa1 IA or talked with some one who had talk ed with file witness On the applica- ton for bail the local papers printed stenographic reports of the testimony of wtfneeses- The Supreme Court has held that newspaper printing ver- batim testimony becomes wttneas who has talked to wItnesse There fore everyone In the eonntx who read the testimony became taeonnpetsnk to sit in the case as q juror.
 This eliminated at once the most ine telligent citizens of the county As q result, # was uecessary to draw i've yenires pf 800 niuisg RRnis and one of Bko or total sf 8; ;o3 b4fsK8 tho jury was secured A t n. rom Of the iu- TOTS can neither read nor write and two others understand English only indiflerently. Everyone of the twelve swore he had not read "a newspaper since before the killing. end Asena6 had not read one for ten years. Blernan, the only exception, had been out of the State from the week before the killing until the day he was summoned. The six Tenires were divided into twenty panels ranging in size from t02 to thirty-eight names.
 flows, the last man chosen; was fore- man of the jury in the famous Cox case. Cox was charged with the mur- der of policeman. The jury foundI him guilty of murder in the first de- gree but recommended mercy. Judge Hart refused to heed the recommenda- tion and sentenced Cox to death Cox had powerful friends and the night be- | fore he was to be executed, some one slipped some poison Into his cell withd which he committed suicide. Judge Anderson. chief counsel for the defense | m the case. also defended Cox. The | 'act that Anderson accepted lHows | treated no little comment.
 The completed jury. with their ages md occupations:
 E. M. Burke. carpenter. age 47; Rob- srt McPherson. farmer, age 4s; G. A. :. 4ane. farmer, age 52; w. A. Adcock, armer, age 26 Casper Schnupp, farm IT, age 4I; !. H. Vaughn. farmer, age Is; s. M. Hyde. farmer, age 55; Gus Snipfer. farmer, age 47; F. O. Bler- nan. real estate, age 42; J. A Wood uff, farmer age 55i Jacob Frutiger, armer, age 4e; William Hows, farmer, .ge 55.
 The State has not yet decided upon ts procedure in opening the case next Mrs. Eastman, who was talk ng to Senator Carmack when fle was filled, probably will be the first wit- ess. The attorneys for the prosecu- ion expect to put in Sunday and Mon ay arranging the order of their wit esses. The course of the defense, of curse. will depend upon that of the tate. ,t l.