The Montgomery advertiser., 1909-01-22
SIX JURORS ARE CHOSEN Slow Grind in Cooper
 Case. MANY TALEsMEN EXCUSED A Distinct Disappointment to Judge
 and Attorneys. It is Dimesit te Find Men wAe Do Net Know Some ct the Defend-
 ants and Have Fixed 0piaion.

ond days efforts to secure q jury in the Cooper-Sharpe murder trial closed with only six men in a box, a gain of but two over the day before.
 This was distinct disappointment not only to the Court but to the attor- neys on both sides. After securing four men in few hours yesterday. 1t was believed that rapid progress would be made today. The. delay is attrlb- uted to two causes, one ia that 1t hap pened that most Of those examined to- day are residents of Nashville or vicln- ity where the case has been fully dis cussed and where most of the people have taken sides The other reason Is that few men are willing to serve upon a jury which is called to decide case in which the feeling Ia so intense.
 By sitting in court and listening to the questions and answers and observ- ing what reasons led to the excusing of talesman, those who desired to es- cape service readily learned what ex- cuses to offer.
 The proceedings were very tlresome and the crowd, which was large In the morning, thinned out rapidly during the day and when dusk came and court adjourned, there were scores of vacant chairs in the court room.
 oHe of theN features of the case is that both the defense and the State Is willing to take any talesrnen of ordi- nary intelligence especially If he evi- dences a reluctance to serve. Howev- CT, the few men who display q desire to enter the box, are looked upon. with suspicion by both sides. One man, a farmer. who seemed qualified. was challenged promptly by Asthe defense when he said he was also a preacher.
 It IS difilcult to find men who do not know some of the defendants. especial ly John D. Sharpe. who was sheriff of this county for four years, and who thus was thrown Into contact with most of the citizens.
 Cooper, senior, too, has been in pub lie life for years. In spite of the bit- ter feeling between the two factions. a stranger is impressed by the absence of any iii-fssitng hstsfsen the
 Tners has not Seen the sianpiest dls- puto thus far and during reressae or betMsen sessions. counsei on both sides iningie freely 9
 OfaefaIs Unarmea. Unlike the Night Rider. trials at Un- ion City, only 1b0 miles away, there is no display of weapons. Even the dep- uty sheriffs on duty are unarmed and laugh at talk of trouble. sheriff Bor- rough expressed the feeling when he said: If anybody gets rough, I'll get 'em by the neck and throw 'em into cell" The sheriff's armament consists of @ large bunch of keys. In addition. Judge W. If. Hart, who is presiding. has a reputation for maintaining order that enjoys a wholesome respect among both lawyers and laylnen.
 When court, adjourfsd. the State had used seven of it's eighteen peremptory challenges, and the defense eleven of its seventy-two.
 A second panel of 500 talesmen has been ordered drawn but the men will not be served until the court is con- vlnced that a jury cannot be made from the present list.
 More women were in evidence this morning than were noticed yesterday. The crowd gathered early and fought eagerly but good naturedly for the front auditorium chairs on the parquet floor The gallery hlled up tapidly af forwards The court has named a score of deputies and the best of order has prevailed
 Of course. there Is rival show over at the State Capitol whore the prohibi- ton fight Is on again today.
 Court opened promptly on time and the Arst talesman failing to respond was fined $25. The second man had read the evidence. The third drew a S25 fine for absence and then came a long line of taIesmen who had formed an opinion that was based on reading the evidence printed in the papers. It became evident at once that those who do not desire to serve on the jury had discovered the one sure way of escap- ing and are determined to use It.
 The Judge was visibiy annoyed and pressed the questions closely, but the law Is mandatory and hes was com -n1Ind nf1v tn aNcuaA khnRA who claimed prejudice.
 Greeting for CO0pera.
 The defendants were brought In some time before court opened and held an Impromptu reception, their friends gathering outside the raIl to greet and encourage them.
 As on yesterday, Colonel Cooper's daughter. two nieces and son-ln-law. were seated near him, while Sharpe's wife and father were ct his side.
 After an hours effort. the fifth juror was secured, J. M. Whltworth. one of the wealthiest farmers in the State.
 Juror whitworth- is a brother of George Whitworth who. a few years ago. shot and killed Chancery Judge Allison because the latter refused to re-appoint Whitworth Clerk of the ed himself. The State had knowledge of this fact but considered Whitwotth an acceptable juror
 After over two score talesmen had been examined, Casper Schupp was &C., cepted as the sixth juror and the box was half filled.
 J. E. Curtis, one of the talesmeA ex- amined, when asked If he had any prejudice against the defendants. start led the court by exclaiming in a loud voice: 'Yes. sir; they ought to have been hanged long ago"
 When the name of A. Gotto was called, a deputy said:
 "Mr. Gotto just celebrated his one hundredth birthday yesterday and"
 T presume he isn't over 1t yet" re- marked the court. We will excuse the young man."
 At noon the attorneys for both sides asked for time for a conference and court adjourned until 1880. The court urged that all jurors be on hand on time.
 II learn that one source of revenue in Tennessee is soon to be cut or" he said. "Weshave just built a new court house and we need money. If any man wants to contribute let him be late"
 Urgency Dsacieney BilI