Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-14
Carmack Murder Trial Will
Now Move Forward.
READY FOR THE WITNESSES
Prosecution Has Not Decided on
Order of Testimony.
JURY IS FINALLY IMPANELED
Necessary to Draw Five Venires, a
Total of More Than Three
Thousand Names.

NASHVILLE, Tenn. February 10
The trial of Col. Duncan B. Cooper
Robin ]. Cooper and John D. Sharp.
charged with Staying former Senator E.
w. Carmack. will begin next Tuesday
morning at 8 O'Clock.
After twenty days of wearisome jury
drawing this decision was suddenly and
somewhat Unexpectedly reached this
morning.
When court adjourned yesterday the
sworn until the state had chance to
investigate charges against two of the
jurors. When court convened this morn
Ing Attorney General McCarn made no
reference to these charges, but simply
said:
I'VE are ready for the jury to be sworn
your honor
Repeating the oath after the clerk, the
jurors then obligated themselves ito well
and truly try the issue Joined between the
state of Tennessee and the defendants"
Then each juror kissed the book in turn.
1t was a solemn ceremony, solemnly per
formed.
Testimony to Start Tuesday.
The state next asked several days In
which to assemble it's witnesses. The
court suggested that the taking Of testi-
mony begin at 8 am. Tuesday, and coun-
sci agreed. The court adjourned until
Tuesday.
In drawing for the jury the law made
those Incompetent who had talked with a
witness to the murder or talked with
some one who had talked with the wit
ness. On the application for bail the
local papers printed stenographic reports
of the testimony of witnesses. The SUI
preme court has held that a newspaper
printing verbatim testimony becomes a
witness who has talked to a witness.
Therefore every one in the county who
had read the testimony became incompe
tent to sit In the case as juror. This
eliminated at once many of the most in
tell1gent citizens of the county.
Five Venires Drawn.
AS a result 1t was necessary to draw
five venires of 500 names each and one
of 519, total of 3.019 before the jury
was secured. Four Of the jurors &C
cepted can neither read nor write, and
two others understand English only in
differently. 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. Bierman, the only
exception. had been out of the state
from the week before the killing until
the day he was summoned
HOWS, the last man chosen, was fore
man of the jury in the famous Cox case.
Cox was charged with the murder of
policeman. The jury found him guilty
of murder In the first degree, but recon-
mended mercy. Judge Hart refused to
heed the recommendation and sentenced
Cox to death. Cox had powerful friends,
and the night before he was to be exc
cuted some one slipped poison into his
cell. with which he committed suicide
Judge Anderson, chief counsel for the
defense in the case, also defended Cox.
The fact that Anderson accepted HoWS
created no little comment.
Personnel Of the Jury.
The completed jury. with their ages
and occupations: E. M. Burke, carpen-
ter, age Al; aRobert Mcpherson, farmer,
age 40; G. A. Lane. farmer age 81; w
A. Adcock, farmer, age IS: Casper
Schnupp, farmer, age Al. j. II. Vaughan,
farmer. age 40; S. NJ. Hyde, farmer, age
So; Gus knipfer, farmer, age Al; F. O.
Bierman, real estate, age AZ: J. A. Wood
ruff, farmer, age SIS; Jacob Frutiger,
farmer, age 40; William Hows, farmer,
age 55.
The state has not yet decided upon its
procedure in opening the case next Tues
day. Mrs. Eastman. who was talking to
Senator Carmack when he was killed
probably will be the first witness The
attorneys for the prosecution expect to
put in, Sunday and Monday arranging
the order Of their witnesses. The course
Of the defense will depend on that Of the
state.