The Montgomery advertiser., 1909-02-02
WHITYRTH STt5 ON JURY Go' lnor's Name Is
 Dragged In. COOPER CASE MOVES SLOWLY Lawyers Battle Over Competency
 of Jurors. witaessea Testify as to His Physical CSssitten ana to Expressiens
 He Had Made en the
 Tragedy. '

Nashville, Tenn, Feb. L--For the afsf time tho name Of Governor Pat terson was mentioned. today in the trial of Colonel Duncan B. Cooper, Robin ]. Cooper and John D. Sharp for the kiii. EnS ef Senator E. W. carnack.
 But this was only one of the aensa- tons of the day. The other followed . decibion of Judge ". N. Hart that Juror J. M. Whitworth was physical iy able to continue In the box.
 Immediately Judge Anderson. of the defense. announced that he had evl. ,dence that Whitworth had expressed . violent opinion. and was therefore iu- competent. He declared that the de- fense nreferrsd, because of Whitwofth't standing in the community. to see him exeuAed because of tllness. He added, however, that his duty to his clients compelled him to ask that Whitw0rth be dismiesed as incompetent.
 One of the first witnesses called by the defense swore Whitworth had de- clAred that the Killing of Carmack cost Governor Patterson many followers and that, he, Whitworth, believedi the Governor had hand. is the murder. Another witness swore that Whit worth. q few days after the sisying, openly declared: Every damned one of these men (detendantsl ought to be hanged" {8
 At the Nconcluaion of the defenses testimony, the State asked for time to meet the chargess and court adjourned until o'clock tomorrow morning With deputies summonipK a new venire of 800 to complete the jury that will try Col. Duncan Cooper, Robin Cooper and John D. Sharp for the .n1ur- dor gof former Senator Carnnacix Judge Hart considered the request that Juror l. N Whitworth he disauaiir fed becAuse of i'll health. The court, when the proceedings opened, announc- ! cd that he had another letter. the third from the wife of Juror Whitwbfth. This difkefed materially from the initial message that cause. Athe inasitNtl9n Of the present pruceedlnEss Mrs. Whlks SSssa s1. h,;s Y Eseass ,ls ~ q '''Atsa @ a I She explained that she was n. l nAcassnFl alafEae by reading ahht I q phynician md bSdn cafi6d to sattehn q juror aud that stwlfifeiik AfiwestlRSz ] ti6n. she had written the original iGts Ssr asking for his diSohaf&S.
 4 recess was grAntea Ia order that the attorneys on both sides might ex-
 Attorney Garner for the state opened the argument after the ccnference. He said that some unknown party called up friend of Juror Thitworth, nam cd Nicoll, and asked how Juror Whit. worth stood on the Cooper ease. |. Scared Mira WaktvVoRth.
 This man. he went on, then called on Nicoii ana two othet friends of the juror and what he said to them aroused fear in their hearts that Whitworth 1 would get into trouble if he were left on the jury. Then. and not until then. did the friends of the juror attempt te secure whitworth's release. The Ques- tions they put to Mrs. Whitworth frightened her and she then selected the physician's certificate as the easiest way out of the danger.
 "Aars. Whitworth then went to the | family physician and said she wanted a good, strong certificate to get him of the jury. Mrs. Whitworth did not feaR that her husband would sufEer from disease but she did fear that his life was in danger from some mysterious source. should he serve honestly on the jury.
 methods. or who put them into eReot, but we oppoee the, release Of Juror Whitworth unless he be proved legal | ly incompetent. t
 Generai Washington replied for the defense claiming that the physioian'e 2 | certificates and the testimony or pr | Sullivan were under oath, while Attors Lrev IC.arner's statements and Mrs. Whit. | worth's letters were not. He held that | if Whitworth be a victim of Brights 1 disease. he should be excused
 | Srha court interrupted to remark that there seemed to be no issue between state and defense; that both agree te excuse the juror if he be Ill and that | the only point to be decided IS whetn' CT CT not he is . sick man.
 Not pefenaants' Fight.
 The State next announced that it 1 had secured the presence of three phy. | miciaTrs. one of them pathClogIst. ana l asked that they be ordered to examine the juror. The court asked the defense if they had any objection'
 | Judge Anderson said:
 ssrhIs Is not the defenses fight and if does not want to take part. How svar we have had two reputable phy- sicians. I suggest that the court send for pr. Brower and hear him. Then. if the court is not satished. to call | other doctors would then be in order" i. Trba court announced that Dr. Brow ey aa ia family physician. would be I hAttev able to settle the point In dis
 .,,to s;,d ha would prefer to have thiS nhvsician's testimony first and learn 1 xxhether or not/ another examination might endanger Mfr. whitwOrths i s,T will issue an instanter subpoena foy pr Brewer and hear him at 1880 | u- m. to which time VIII adjourn I co,irt s concluded Judge Hart.
 when court opened after the noon l recess. pr. Brewer was called. Be- enra he could be examined Attorney ceneraI McCarn asked permission to make q statement.
 a'rhe State has come to the eonelu-
 alon that the defense over there. uointing to the Cooper attorneys, ''haa
 instiRated this fight to get rid ef the
 iuror. WhitwOrth. And they tried to have 1t done by intimatink that he might get into trouble over his an.
 sveers. on examination as. juror and suggested this illness as ruee. Now this casts e suspicion on Mr. Whit : r1orth which we resent and we wish to
 Nave this phase Investigated"
 'sY.hIs phase ls not before the court
 yet, We will hear Dr. Bfower." nr. 1H6vTeR Te@Gi@e@.
 The court explained to Dr. BroWel
 what had been stated. The doctor
 :Sir. Whitworth had an acute attach of nephritIs two months or more ago , caused by the trsuma of a kidney
 atone. I would not say he had Bright'i
 disease, because Brights disease is {
 general term covering several kidne! ! rVfs.. S.sN an-