The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-02-03
SENSATION IN COOPER TRIAL.
GOV. PATTERSON'S NAME is MI "
TONED FOR THE FIRST TIME.
Juror NiitwOrth Continues i'm Boz
Witness Swears That Whitwortb
States he Believed Chief Executive
Had Hand I'm Murder--ProCcrI-
ings of Day.

first time the name of Gov. Patterson
was mentioned today in the trial of
Col. Duncan B. Cooper, ROBIN ].
Cooper and John ID. Sharp for the
Killing Of Senator E. w. Carmack,
but this was only one of the sensations
of the day. The other followed a de-
cision of Judge W. H. Hart that Juror
]. M. Whitworth was physically able
to continue in the box. Immediately
Judge Anderson of the defense an
nounced that he had evidence that
Whitworth had expressed a violent
opinion and was therefore incom-
petent. He declared that the defense
preferred, because. of Whitworth's
standing in the community, to see him
excused because OF illness. He added.
however, that his duty to his clients
compelled him to ask that whitworth
be dismissed as incompetent.
One Of the first witnesses called by
the defense swore that the killing O:
Carmack cost Gov Patterson many
followers and that he, Whitworh, be-
lieved the governor had a hand IN the
murder. Another witness swore, that
Whitworth, few days after the slay-
ing, openly declared: Every damned
one of these men (defendants) ought
to be hanged"
AT the conclusion of the defense's
testimony the State asked for time to
meet the charges and court adjourned
until O'Clock tomorrow morning.
When court opened this morning
Judge Hart announced that he had
another letter, the third from Mrs.
Whitworth, withdrawing her demand
that her husband be excused.
She explained that she was "unnec-
essarily alarmed" by reading that a
physician had been called to attend a
Juror.
Attorney Garner for the State an
rounced that efforts had been made 10
ascertain how Whitworth stood on the
Cooper case and through these and
ctlicr queries which reached his wife
Mrs. Whitworth had been frightened
into seeking the removal of Whit
worth from the jury.
Gen. Washington replied for the de-
fense. claiming that the physicians
certificates and the testimony OF DIR.
Slf11
torney Gamers statement and Mrs.
Whitwo~th's letter were not. H. said
That if Whitworth is victiiE Of
Breht's disease he shuld be excused.
Af:er the noon recess DR.. Brewer.
family physician, was called. Before
he could be examined Attorney Gem
eral McNarn asked permiss' 20
make u statement
"The State has come to the conclu-
sion that the defense over there.
pointing to the Cooper attorneys,
has instigated this fight to get rid of
Juror Whitworth and they tried to
have it done by intimating that he
might get into trouble over his an
swers on examination as Juror and
suggested this illness as a ruse."
This phase is not before the court.
We will hear DR.. Brower," announced
the court.
The doctor said:
Mr.. Whitworth had an acute at
tack of nephritis two months or more
ago. caused by the trauma of a kid
ney stone. would not say he. had
Br.ghts disease. These symptoms are
likely to return at any time or they
may never return"
Would you consider that sitting on
jury would cause him to have rtt
trOuble?"
mo. sir: he's liable to have it any
time under any condition"
The State called several other ply
siciahs and asked them hypothetical
questions. At the conclusion Judge
Hart tersely remarked:
''Summoning up the evidence. gen.
tlemen, the court is of the opinion
that the juror can do jury service"
Immediately after the courts dc.
cisiOn was announced, counsel for the
defense took up the attack upon
WhitwOrth's alleged incompetency.
After several witnesses had testified
to remarks made by Whitworth, the
State asked for time to prepare for
reply to this move, which was grant