Evening journal., 1909-01-27
ROW OVER JUROR
In CARMACK CASE
State Trying to Prove That
One of the Men Selected
is a Drunkard
MANY WITNESSES ARE CALLED

BY Omitted Press Leased Special Wire.
NASHVILLE. Tenn. Jan. o. When
court reconvened to-day IN the trial OF
John sharp. Colonel Duncan Cooper
and Robin Cooper, for the murder OF
Former United states Senator Edward
w. Carmack a most peculiar state In
tho litigation had been reached. The
actual trial Is on until Friday. Deputy
ShcriN are securing the country los
catine "a veniro OF 500 from which 10
complete the Jury, and In the moan.
while. for the first time I'm the history
on a noted murder case In the South.
the presiding judge is sitting as a trial
Justice. passing upon the qualification
OF two of the men already accepted TO
set in Judgment on the accused. These
two men, j. J.. Leigh and II. M. Jack
son. were approved by both sides. In
the case OF Jackson the defense tried
10 get ria of him. his appearance not
striking The attorneys favoraby, so
they are not expected 70 oppose tho
states EFFORT 20 oust him. Rut eLigh's
case is dineront. and "a witnesses, II
for tho state and 10 for the defense
are beine heard, The state asks thai
he be excluded. while the defense seeks
to retain him on the panel lie Is
charged with being an habituai drunk,
ard
IN addressing the attorneys Judge
Hart declared the question OF what
constitutes an habltuai drunkard, was
a hard one to9answer. There are no
real donnltions ~ this matter Ia tho
code he said. "stln ! might be able
to got the benefit OF some expert test,
nony without leaving the court room
Thaf is. Of course. IL IL should be ncoes'
sarv For me to get Information on this
line"
The proccedlngs during the early part
Of tho hearing dragged. Witnesses
contented themselves with declarine
that they had seen Juror Leigh take a
drink ,-..
"a q Garter. bookkcnncr and former
school teacher swore I.oiSh war known
as an habltuai drunkard. objection was
made to this statement and Judge llari
upheld tho defense.
.l WIN cernpcl the state 20 show 'h'
specific nature Of the alleged offeusea'
said tho inhee THE court WIN decidc'
this question and win act as It th'nK
best Leigh Is not here 10 answer Cor hun
self. II bwin not be brought here unles
ths state makes out what seems bonih'
case. Then he can come IN and testify u
his own defense Habtual drn~ennes
sa condition and not theory"
Carter then declared no met Leigh Tues
day morning before he was chosen rs
juror and IN his opinion he was intoNl
Gated. The proceedings were unique an'
both sides insisted ON citing decison
bearing ON the case. But Judge Hart in
sisted that The matter was one Of fact an
ruled that tho State must show wnei
and where juror Leigh was drunk.
In describing Leighs condition tho wit
ness declared he had heavy beard.
whats thatg" asked Judge Hart. "Dh
you draw conclusion that he was drunl
from the fact that ne had not shavedy'
'Yos sir"
W. Y. Norvoil. a lumber merchant. de
clarcd he considered Leigh an ,habitua
user Of intoNicants
-vas ne drunk whom you saw himy
demanded the court
81 don't know what YOU mean H.
drunkf- replied tho witness.
"voli win settle this case now and 70
eil time" ruled Judge Hart
"For TIE purpose Of this law suit thi
shall be the definition Of the word dr,,nl,
fA person SO far under the influence O
LIQUOR ihoi he becomes a nuisance to IN
general public"