The Birmingham age-herald., 1909-02-02
Governor PattersOn'S Name Is Brought Into the Case for
 the First Time
JUROR WENTWORTH IS
 BASIS OF DISCUSSION
After Plea of Illness Is Dropped De- fense Challenges Whitworth on Ground That He Has Expressed
 Opinion on the Case.

Nashville, February For the first time the name of Governor Patterson was mentioned today in the trial of Col Duncan B. Cooper, Robin J. Cooper and John D. Sharp for the killing Of Sen ator E. w. Carmack But this was only one of the sensations of the day. The other followed a decision of Judge w. M Hart that Juror J. M. Whitworth was physically able to continue in the box Immediately Judge Anderson, Of the defense, announced that he had evil dence that Whitworth had expressed a violent opinion and was therefore incom- petent He declared that the defense preferred. because of Whitworths stand ing in the community, to see him ex- cused because of illness. He added, how ever, that his duty to his clients com peled him to ask that WhtWorth pc dismissed as incompetent.
 One of the first witnesses called by the defense said Whitworth had declared that the killing of Carmack cost Gov ernor Patterson many followers and that he, Whtworth believed the governor had a hand in the murder. Another Wit ness swore that Whitworth, few days after the staying, openly declared 'every damn one of these men (defendants) ought to be hanged
 At the conclusion of the defense's tes- timnoy the state asked for time to meet the charges and court adjourned until o'clock tomorrow morning.
 Third Letter Received.
 With deputies summoning a new venire ,f 800 to complete the jury Judge Hart
 fI1nf T11rn l. M. Whitworth be disqualified because of ill health. The court when the pro- peedings opened, arnouhcea that he had received another letter. the third from the wife of Juror whitworth This diff fered materially from the initial mes sage that caused the institution of the present proceedings, Mrs. Whitworth withdrawing her demand that her hus- hand be excused She explained that she twas unnecessarily alarmed by reading that a physician had been called In attend juror and that without in yestigating'' she had written the orig lnal letter asking for his discharge.
 recess was granted in order that the attorneys on both sides might ex- anime the letter.
 Gamers Statement.
 Attorney Garner for the state opened the argument after the conference. He said that some then unknown party called up friend of Juror whitworth, named Nicoll, and sked him Juror Whit worth stood on the Cooper case.
 oThis man." he went on, then called on Nicoll and two other friends Of the iAror and what he said to them aroused A fear in their hearts that Whitworth would get into trouble If he was left on the jury. Then and not until then, did the friends of the juror attempt to se- cure Whitworth's release. The questions they put to Mrs. Whitworth frightened her and she then selected the physcians certificate as the easiest way out of the danger
 Mrs. Whitworth then went to the fam fly physician and said she wanted a good strong certificate to get him off the jury. Mrs Whitworth did not fear that her husband would suffer from disease, but she did fear that his life was in danger from some mysterious source. should he serve honestly on the jury.
 eve don't know who prompted these methods, or who put them into effect, but we oppose the release of Juror Whitwortn unless he be proven legally 1ncompe- tent"
 Sickness the Excuse.
 General Washington replied for the de- fendant claiming the physicians certif- cate and the testimony of Dr. Sullivan were under oath, while Attorney Gamers statement and Mrs. Whitworth's letters were not He held that if Whitworth be a victim of Brights disease, he should be excused.
 The court interrupted to remark that there seemed to be no issue between state and defense that both agree to excuse the juror if he be i'll and that the only point. to be decided is whether or not he is a sick man.
 The state next announced that it had se- cured the presence of three physlciahs, one of them a pathologist, and asked that they be ordered to examine the juror. The court asked the defense if it had any objection. Judge Anderson said:
 This is not the defense's fight and it does not want to take part. However, we have had two reputable physicians. l suggest that the court send for Dr. Brewer and hear him. Then, if the court is not satisfied. to call other doctors would be in order.
 The court announced that Dr. Brewer, as a family physician, would be better able to settle the point in issue, and he would prefer te have this physicians tes timony first and learn whether or not an- other examination might endanger -.r Whitworth's health.
 q yill issue an instanter subpoena for Dr Brower and hear him at 80 u. m. to which time I will adjourn court" con cluded Judge Hart.
 pr. Brewer Called.
 When court opened after the noon recess. Dr. Brewer was called. Be- fore he could be examined Attorney General McCarn asked permission to make a statement.
 "The state has come to the conclu- sion that the defense over there," point ing to the Cooper attorneys, has in- stigated this fight to get rid of Juror Whftworth. And they tried to have 1t done by intimating that he might get into trouble over his answer on exam ination as a juror and suggested this illness as ruse. New this casts a