Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-28
ARE FOUND DISQUALIFIED
Charges of Incorporate Habits Re.
viewed by the Court.
LEIGH OPPOSED THE SENATOR
Remarks Attributed to the Former
Regarded as Sumcient to Bar
Him From the Jury.
Special Dispatch to The Star.


9. Leigh, the second juror selected to
try Col. Duncan B. Cooper. Robin j.
Cooper and John D. Sharp for the MUIR
Carmack was discharged by Judge Hart
this morning. The court reviewed the
charges of intoxication and holding an
opinion in the case that were brought
against the juror and ordered his dis
missaI.
Judge Hart spent the entire day yes
terday in hearing evidence in Leigh's
case. The testimony of a number of
witnesses was to the effect that Leigh
had recently been intoxicated. One wit
ness testified that Just before Christmas
Leigh had said to him that "Carmack
ought to have been killed a long time
ago"
This statement was denied by Leigh.
who was brought from the juryroom to
answer the allegations against him. He
admitted, however that he had opposed
Mr.. Carmack in his candidacy for the
United States senatorshiip and also the
governorshfp. He claimed that on the
day he was placed on the jury he was
in full possession of his faculties
Judge Hart said that as to the charge
of drunkenness there was a doubt ex-
pressed on both sides. and he did not
think 1t had been proven, and would,
therefore. dismiss that allegation. Had
the matter been called to the attention
OF the court when Leigh was placed on
the stand 1t would have been SUFFICIENT
ground for his rejection.
Leigh Found Disqualified.
Concerning the remarks made by Leigh
as to Mr.. Carmack. the Coopers and
Mr.. Sharp. Judge Hart said that these
disqualified the juror. and he would, there
fore. discharge him from service. Counsel
for the defense excepted to the ruling of
the judge.
Attorney General McCarn asked that
Leigh be held In custody until an affi-
dav:t could be prepared. which would
be done at once.
The Judge declined to hold Leigh, say
ing that If the attorney general desired
to have him served with the process
usual in such cases ne could do so.
The case Of Juror H. p. Jackson. who
is charged with intemperance, was then
taken up by the court.
L. NJ. Lewis, the second witness ex-
amined in the Jackson case, said that
Jackson was In the habit some time ago
of getting pint of whisky every morn
as h and that he % quit n ns
How long did that pint Of whisky
last?' asked Judge Hart.
81 don't know" replied the witness.
We'll. guess 1t must have lasted
from early In the day until the shank
of the evening" remarked the judge.
jackson Also Discharged.
After the witness had testified that
Jackson was a constant drinker. Judge
Anderson. representing the defense. an
nounced that they did not know what
proof the state intended to introduce, but
after hearing the testimony Of DR.. ]. C.
and L. NJ. Lewis, the Defense
by agreement with the states attorney.
agreed to consent to Jackson's being dis
charged from further service on the jury
jackson was sent for, and upon his APP
pearing In court Judge Hart told him he
was excused from service. Jackson i'm
left the room.
Whitworth's Case Postponed.
Judge Hart then announced to counsel
that he had received certificates from the
family physician Of James Whitworth.
one Of the members OF the jury, and also
from members Of his family and friends,
that his physical condition was such that
service on the Jury would endanger his
life. The judge said that In view of these
he would. by consent Of
both sides, excuse Mr.. Whitworth
Judge Hart, after counsel for the state
had asked that the matter Of releasing
Mr.. Whitworth be postponed until the
physicians could be communicated with,
agreed to take the matter I'M tomOrrovv