The Birmingham age-herald., 1909-01-28
No New Juror is Secured But The Two Under Charges
 Ire On Trial
JUROR LEIGH ADMITS
 THAT HE WAS DRINKING
Judge Hart Examines Witnesses Who Give Him Definition of Drunken ness, But He Says He Has
 Expert Knowledge.

Nashville, January 27.-The first day of the second week of the trial of Col. Dun- can Cooper Robin Cooper and John D. Sharp for the staying of former Senator E. W. Carmaek closed this evening with no further progress in the selection of the jury. Deputy sheriffs are riding the county to summon the third venire of 300 talesmen, which win report Friday.
 But if no progress was made in com pletng the jury it at least was not de- pleted Judge Hart spent the day hear ing the testimony as to the competency. of Juror Leigh and in formulating definition of drunkenness. About 60 wit nesses were examined on both sides. Those for the state were quite positive that Leigh was drunk when selected and was an habitual drunkard.
 One man swore that Leigh had declared that Carmack was a "blank, blank, and should have been killed long ago." Others said he had expressed the opinion that Sharp was innocent and that the Coopers were justihably provoked.
 On the side of the defense the witnesses admitted that Leigh was a drinking man, that he had taken "a few the day he was chosen on the jury, but they insisted that he was not drunk within the defini- tion of Judge Hart-that is, that he was not making a public nuisance of himself. | R. H. Sherrln, a member of the grand jury, called by the defense, thought Leigh was sober on last Wednesday. On cross examination he vigorously denied that after he had gone on the bond of former Sheriff Cartwright, arrested for perjury in connection with this case, he had said, l Never mind Tom, this charge against you will have to come before me in the grand jury room." After both sides had closed Judge Hart called Juror Leigh, ex- planed the charges to him and told him
 his privileges.
 l q was drunk on Tuesday" Leigh 1 promptly agreed. And also on Wednes- day morning. the day I was selected. I
 never said Carmack should have been killed long ago"
 l He said he had declared a belief in 1 Sharp's innocence but denied saying any thing about the Coopers. On cross-exam- ination he qualified his admission of drunkenness and declared what he meant was that he was a little drinking" those 1 two days
 You mean you were under the influ- enee of liquor the day before you were selected and on the day itself?' | ''Yes, sir" he said. but not drunk. When I'm drunk l don't know anything
 Then he admitted that he had been l having two drinks a day since he had been on the jury. The court ordered him returned to the jury room till his case was decided and he was advised to cut out the two little drinks a day hereafter.
 Attorney General McCarn asked that an l order be entered prohibiting the serving of liquor to the jury and the court so 1 ordered except m the case of Juror Whit 1 worth, whose physician prescribed 1t. Judge Hart then said he would listen to discussions on the case in the morning. ! at which time, too the charges against Juror Jackson will be considered. Judge Hart asked counsel on both sides l how they wished to proceed. The defense asked that Jurors Leigh and Jackson be called and told of the charges. The state 1 again questioned the jurors to hay- ] ing expressed an opinion, but said the l question of drunkenness must be testified l to by witnesses to enable the court to 1 decide.
 And I presume I can get expert testi- monv on drunkenness right here in the court room" remarked Judge Hart with a smile.
 Doubtless" answered the attorney general.
 That Is if need it, corrected the court "I have some expert knowledge myself"
 ''we will leave it to you, judge,' chor- used the defendants attorneys,