The Montgomery advertiser., 1909-01-23

dfft0u &kteF 1t had accepted him and Judge Hart set ,tomorrow at a. m. to pass upon I The ' sumaamoning of 500 additional kalesn1en began Late this evening. The men drawn from the jury box are tp appear Monday at 9 q. m. valentine ex- fort will be made to complete the twelve men who will try the alleged siayers of ex-Eenator Carmack. Judge Hart announced tonight that mo sessions of the trial would be held on Saturdays. He believes that me ease can be completed more rapidly by. giving the attorneys one day in FIX in which to consult.
 Few spectators Present.
 Wearied by the dull monotony of the ,nxamination of talesmen, the throng which was on hand during the nrsf two days of the Cooper Sharpe trial for the murder of ex-Senator Carmack, was AD- sent when the big doors to the court room were opened this morning, m fact. those on hand when the hailin rapped for order. were. with few ex- captions, men who had been summoneo
 There was the usual rush forward to ofYer excuses, but Judge Hart waived them aside and remarked that he would accept no excuses except those nxed Dy. law. Heretofore, a doctors disability & taiesman's family, or a press Of busi. ness, was considered suficient to secure n release. The difficulty experienced In getting competent jurors. however. has caused the court to adopt unusual stringsucy in granting releases. When the six selected jurors were . hroug.1t in, one of them. ]. N. Whit worth. called Judge Hart and sala:
 "Judae, I've been uaed to my morning eoddy for a good many years, and I missed tE powerfully this morning. Cant nex one--dust 0ne--oyeey morning T "The constitu4fon piQhibits nausunJ or cruel punfshments, - remarked the court dudicialiy. ssAr. Oficer. see that thoae gentlemen who are wont to haSs Tt .deyeloped this morning thax Judge Allison. Of the Chancery Court, who was Killed by Juror Whitworth's brother few years ago, was the fA- ther-in.law of. Attorney General Mc- Carn, who is prosecuting this case. He stands very high iu the community. however. and is regarded as one Of the best men yet selected. F
 Mrs. John, D. sharpe was the only relative of any of the defendants in court this morning when The proceed fnxs began. Later, Colonel Coopers daughter and nieces arrived and greet cd their kinsmen on trial affectionate- Iy. Colonel Cooper made 2 place for his stately daughter at his side and put his arm gently around her.
 A little later. the attorneys asked time for conference and were granted forty minutes. Judge Hart then sug- aested that the jurors retire to their room, where they could be more com fortable.
 can they play cardsr' asked the dep- uty.
 want to-" rStorted the court.
 Springs a Surprise.
 When the conference was ended, the first surprise of the trial was sprung !. in the form of afidavits filed by. the State, attacking the competency of one of the six jurors already chosen.
 The document was offered by Attor. ney General McCarn, who said:
 "It has come to our attention that J. S. Leigh, the second man chosen. was drunk the day he was chosen, and was drunk the day before The law dis uualifes any man who has been drunk any time since the term Of court at which he serves has convened. We challenge him for cause"
 Judge Anderson. for the defense, ob- 5ected and asked time to examine the afndavit. This was granted by the court.
 He ordered the examination of tales men to proceed pending a decision as 10 the competency of Juror Leigh.
 The incident appeared to make the states attorneys more cautious and they began to question prospective ju- TOTS so closely that the defense object ed to "argument with witnesses"
 Captain Fitxhugh, for the prosecu- Zion. replied hotiy that he must learn the disposition of the witness before he could judge whether or not to ac- cept him. Each man thereafter, too. was asked whether or not he drank and whether or not he got drunk. This feature was considered significant in view of the charges against Leigh.
 One man said he drank often but got drunk only when he had nothing else to Go. He declared his last cele- bration was fully six weeks ago He was rejected by the State.
 At noon the first venire of 800 men had been. exhausted and the second 500 were ordered summoned to appear Mon day. Then the court gave the attor- neys for the defense until a. m to- morrow to answer the afiidavits against Juror Leigh, and court was adjourned until that time.
 Shortly after adjournment of court this evening Judge Hart become sud- denly i'll and a physician was summon ed to attend him in tine judges office in the Criminal Court building. Acute this evening the judge was feeling much easier.
 Dr. W. c. Ewing, who Is attending him, thinks Judge Hart win be able to call court 10 order at the usual time Monday morning.
 NAVAL CONFERENCE.