Daily press. [volume] (Newport News, Va.) 1896-current, 1909-02-14
TO SECURE z MEN TOOK 20 DAYS
Two Ct Men to Determine Fate OF
coopers and Sharpe Understand
English But neutrality-suspicious.
see Supreme Court Decision in e.
feet, Bars Newspaper Readers.
NV Associated Press.)

NASHVILLE. TENN. Feb. l3.-On
next Tuesday at 9 o'clock a. m. Will
begin the Trial of Colonel Duncan h.
Cooper. Robin J. Cooper and John ID.
Sharpe. charged with Staying former
Senator +. W. Carmack.
After twenty days OF wearisom@
jury drawing this decision was sud
denly 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 o. the jurors. When court con
yened this morning Attorney General
Mccain made no reference to those
charges but simply said:
We are ready for the jury to be
sworn. your HONOR
The Jury was then sworn.
The State next asked several days
in which to gather its witnesses.
The court suggested that the TAX
ing of testimony begin at 9 a. m,
Tuesday and counsel agreed. Then
court adjourned until Tuesday.
Rules Deciding ineompeteney.
In drawing for the jury the law
made those incompetent who had
talked with a witness of the murder
or talked with one who had talked
with a witness. On the application
for bail the local papers printed
s,enographic reports of the testimony
Of witnesses. The Supreme Court
has held that newspaper printing
verbatim testimony becomes a wit
ness who has talked to a witness.
every one in the county
who had read the testimony became
incompetent to sit in the case as a
juror.
This eliminated at once the most
intelligent citizens OF the county. As
a result it was necessary to draw
five venires Of 500 names each and
one OF $40. a total of 3,019, before
the jury was secured.
Jiiiterates on the Jury.
Four Of the jurors accepted can
neither read or write and Two Others
understand English only indifferently
All except one OF the twelve swore
he had not read a newspaper since
before the killing. and some had not
read one for ten years.
Byeman, the only exception. had
been out @! the State from the kill
ing until the day he was summoned
Hows. the last man chosen. was
foreman Of the jury in the famouS
Cox case.
Cox was charged with the murder
of a policeman. The jury found
him guilty Of murder in the first de
gree but recommended mercy.
Judge Hart refused 70 heed the
recommendation and sentenced Cox
10 death.
Poison Rather Than seaf9oId.
Cox had powerful friends aud the
night before he was to be executed
some one slipped poison into his ce'
with which he committed suicide.
Judge Anderson. chief counsel fol
the defense in The case. also defend
ed Cox.
The fact that Anderson accepted
Hows created no little comment.
Personnel Of Jury.
The completed jury. with the''
ages and occupation is az follows:
r.. NJ. Burke. carpenter. age 4.
Robert Mcpherson. farmer age ~
q. A Lane. Former. age 50: W. A
Adock. farmer. age IS: Caspe'
Schnu2p. farmer. age ~: J. b
Vaughan. farmer. age 80: s. ". Hyie
farmer. age -: Gus Knipfer. farmer
age ~: =. 7. Bisrmsn. real estate
age Is: J 4. Woodruff. farmer. age
a.: Jacob Frutiger. farmer. age ~;
William Ho~s. farmer. age 30.
The State has no; decided upon
its procedure in presenting the cas'
next Tuesday.
Mrs. Estman. who vas talking q
Senator Carmack when he was killet
probably will be the first witness.
The attorneys for the prosecution
expect TO put IN Sunday and Mon
day arranging the order Of their wit
nfsses.
The course OF the defense xil; dc
tend upon that Of .hc state.