Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-02-02
TRIAL OF. COOPERS
CAUSE SENSATION
CHARGE THAT DEFENSE HAD a
HAND IN GETTING JUROR
WHITWORTH EXCUSED BRINGS
ABOUT LIVELY TILT.


ABOUT LIVELY TILT.
( NASHVILLE, Tenn, Jan. 2s.-When
court opened this morning the 500 tales
men of the third venire, from which
! jury to try Colonel Duncan Cooper, Robin
| Cooper and John Sharp for the murder
! of former Senator Carmack will be Sc
lected. were present
| The court announced that no excuses
: would be accepted, and then ordered that
the physicians who signed the disability
| certificate of Juror Whitworth be called.
! DR.. Sullivan responded first, and the
| court called Judge Anderson. of the de-
Tense, and Attorney General McCarn, or
| the state to the bench for consultation
with the physician.
/ The latter described Juror Whitworth's
/ condition in detail. and declared that. in
/ his opinion, the confinement and strain
of the trial might result in the Jurors
death. ts
The state urged that no action be taken.
and insisted on an examination of DIR.
Sullivan. The latter is the jurors family
physician. He said Juror Whitworth had
Bright's disease, fatal malady which
might be greatly aggravated by confine-
ment or excitement. ',
Decision is Withheld
| Harry Nichols, a lifelong friend Of
( Whitworth, told how he instituted the
move to have the juror released because
! Mrs Whitworth feared for her husbands
/ life. =, ..
Judge Hart was disposed to excuse the
! juror at once, but the state asked that
| decision be withheld until the next
/ panel was exhausted. The court consent
! ed and the attorneys asked recess for
consultation on the venire.
| Following q conference of an hour, the
work of examining the talesmen was
4 commenced The first panel consisted of
Ct men. One,by one they swore they had
formed an opinion and one by one they
were excused by the court without Sc
curing a juror One man qualified, but
was challenged by the defense.
A second panel of s. talesmen was at
once made up from the venire and the list
given TO the counsel for examination.
/ Court adjourned then for the noon re-
cess. o9
! Second Panel Examined
T. The examination of the second panel
began at l. p. m. and twenty men were
\ called before one attempted to qualify.
/ This man was W. ]. Stringfellow, All
aged farmer. He said he was friend Of
/ John Sharp, had heard the testimony
read from newspaper and had formed an
opinion. l..a T. Fr
The state objected to him. and the de.
tense made frantic effort to force him
on the case. After half an hour of violent
| oratory, the court held him competent,
although in a similar case in the morning.
he excused the juror. The state then
challenged him peremptorily.
The second panel of 65 men was conf
pleted at S15 p. m. without result. not
single Juror in 1871 men examined, ant
only two attempted to qualify.
DO you believe in the trinity?'' was
asked . talesman.
'.Rxn!" -
DO you believe in the trinity?" re-
peated the attorney. -.-.,-t. .,.
! 81 don't, take that paper" - replied the
/ talesman. - + ,-.., = ~.
courtsJs0s' asgG isI Ohio ls7Sa5'Jf.
E. &C. Pfckafd one Of the ttalesm@u.
when called. said:
| StOrk Excuses Jurors
You know I'm on the w,lterwagon
now. I'm talking all the time. II
The statewider was excused by the
court e.r
The stork rand his near approach
to two homes has been accepted as
legitimate excuses by the court in the
cases OF two jurors. t.1
The second panel of the day, the
| eighth since the selection of a jury in
the Cooper trial began, has just been
| exhausted and not a juror has been
selected today. - .. .,..
At 4:45 p. m. Gus Kniffer, a young
German farmer, who speaks little Eng
lish and did not know what a conscien-
tious scruple is, was accepted as juror
| number 8.
| b. NASHVILLE, Tenn, Jan, 3O.-Ten-
| nessee courtesy got tangled up with
Tennessee temper today in the Car
4 mack-CoOper trial, and for a brief time
| Dade fair to mix the generals and
judges and captains who abound among
the opposing legal forces lin bitter
controversy. !, Even Judge Hart had a
grievance and made earnest protest
against the theft Of a letter from his
desk But in the end everybody said
he didn't mean any one in court and
the court put the dispute over until
Monday morning. n
- Judge Whitworth was the bone of
contention again. Doctors had written
the court declaring that his eontin-
uance on the panel might mean his
Deaths ~eyr so rVEes = tv
7 Attorney General McCarn insisted
that whitworths was not half as sick
as he was being clai medand that the
only bar to his serving was the desire
of the defense to have him removed,
lest he should prove too ardent a Car
mack supporter in the end. ~ -
Whitworth was sent for and declared
he was a we'll man and anxious to do
his duty. A special physician was ap-
J pointed by the court, and on his report
depends WhitwoFths continuance on
the panel. AZ @f
: Summons for five additional venire-
!, men were issued yesterday. Judge
Hart told the deputy sheriffs to dtsre-
gard the cold, arm themselves with
'whatever brand of internal heating
f1u.d you like best, but-get the rest Of
the jury" 40 a..
ZAYAS WINS FIGHT
- r,U A OH WuVTUI NnMVNU