Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-01-29
JURORS ARRAIGNED
FOR DRUNKENNESS
JOHN S. LEIGH AND HI. p. JACK
SON, NOW IN BOX, ARE ACCUS-
SEQ BY STATE OF BEING HA-
BITUAL DRUNKARDs.

NASHVILLE, Tenn, San. 1.-S. NJ.
HYDE the ninth juror chosen in the
Cooper case, was taken i'll this afternoon
and the court ordered a physician called.
The physician said Hyde was suffering
from bilious sick headache. and would be
all right in the morning.
The state announced that 1t had no
other witnesses present. and at p. m.
the defense was asked to call its wit
nesses.
thee testified that Leigh, while drink
ing the day of his selection, was able to
transact business, and that he was not
an habitual drunkard.
Juror Leigh was the last witness called.
He admitted he was drunk on Tuesday
and Wednesday, the day he was chosen.
Later he qualified this by saying he was
"a little drinking"
Despite delay in securing jury in case
against Colonel Duncan Cooper, Robin
Cooper and John d. Sharpe, charged with
the murder of former Senator E. w. Car
mack, the court room was well filled this
morning when Judge Hart mounted the
bench to hear the testimony in the
charges against the two accepted jurors.
John S. Leigh and H. p. Jackson, now
in the Jury box, are accused by the state
of being habitual drunkards. In addition.
Leigh is charged with having expressed
an opinion.
In the Leigh case the state has sum-
moned fifteen witnesses and the defense
twice as many.
In the Jackson case the state has sub
penaed fifteen or twenty. but the DEFENSE
has not indicated its action.
The venire of 500 men has been drawn
and the sheriffs deputies are out on the
fOr a a,
m. At that time the work OF completing
the jury will be resumed.
Judge To Decide Cases
Judge Hart asked counsel on both sides
how they wished to proceed. The defense
asked that Jurors Leigh and Jackson De
called and told of the charges. The state
agreed to question the jurors as 70 nav
ing expressed an opinion, but said the
question of drunkenness must be testified
TO by witnesses to enable the court to
decide.
And I presume I can get expert tes-
tirnony on drunkenness right here in the
court ROOM" remarked Judge Hart,with
smile.
"Doubtless," answered the attorney
general
"That is. If 1 need it," corrected the
court. at have some expert knowledge
myself"
I'VE will leave it to you, judge" cho-
rused the defendants attorneys.
The counsel on both sides then asked
time To consult with. witnesses, which was
granted.
II was II O'Clock before both sides were
ready to proceed in the Leigh case. Judge
Hart ruled that the jurors attacked woulo
not be told of the charges until the state
had made a prima facie case.
What Constitutes Drunkenness?
p O. Carter, the first witness, swort
that he talked with Juror Leigh the day
before the latter qualified as juror anc
noticed that he was drunk. At once the
question of what constituted drunkenness
was raised. The state attempted to snow
Ieigh's reputation, but the defense Cd
| iected and Judge Hart sustained them
saying: ..... -.-- ..iJ +..l
sIn some things, the only way to get
concusion is by a mans reputation. Bui
when a man gets drunk he is about th'
widest open proposition of which th'
court has any knowledge.
He makes public his condition ano
all I want to learn is how often ne was
in that condition. Some men say an habit
ual drunkard is a man who gets drunk
lonce a wear. others that he is aa habitua
drunkard when he is drunk all the time.
A long argument followed, but the court
ruled that the charge must be established
by facts, not by reputation; witness
thought Leigh was drunk because NJ
looked sleepy, had a heavy beard anc
talked foolishly. Finally both sides asked
Judge Hart to define drunkenness, anC
the court said:
! "a man is drunk when he is so much
under the influence of liquor that he be-
comes a nuisance to the general public
That will be the standard upon which tho
court will decide this case"
! A dozen or more witnesses swore tina
/ Leigh was drunk the day he was chosel
as a Juror He was pretty well organ
| lied, was he?" inquired the court.
| 1.-THE organization was nearly com
plete," retorted the witness.
John H Walden, who works for Leighi
! sister, swore that he talked to the Juro
a few days before he was accepted ant
heard heard Leigh say about Senate
CarmaclS: 1.-The - should have beer
killed long ago."
b. F. Ellis, who lives near Leigh, swor
| that the latter told him that he did no
think that John Sharp had anything to d.
/ with the killing, and the Coopers Wer'
provoked to the shooting.
! ONE JUROR EXCUSED
| AND ONE DISMISSED
| NASHVILLE, Tenn. Jan. S.-Whe'
court opened this morning in the case
Col. Duncan Cooper, Robin Cooper AM
John Sharp. charged with the murder