The Montgomery advertiser., 1909-01-26
COOPER TRIAL DRAGS SLOWLY Only One More Juror Chosen. COURT FACES A PROBLEM No Action Taken on Removal of
 Juror Leigh. The First Panel ef the venire of Five Hundred Tslesmen Has Been
 Exhsestea--yudse
 Hart HI.
 
CURT FACES A PROBLEM

Nashville, Tenn. Jan. 25.-The net result of another days work in the trial of Col. Duncan B. Cooper, Robin Cooper and John D. Sharpe for the murder of ex-senator Carmack, was one lone juror added to the six already in the box.
 The new venire of 800 talesmen re. ported this morning and at $50 p. m one hundred and twenty had been ex- amined. and of these, one qualified j. H. Vaughn.
 The hearing of the charges against Juror Leigh will take place as soon as the present panel Is exhausted which will probably be Wednesday The State has used ten of its eigh- teen peremptory challenges and the defense fourteen of It's seventy-two.
 Until court opened this morn ing. it was not known wheth- CT or not the trial of Colonel Cooper, his son, Robin Cooper, shd ex. sherlff John D. Sharpe. for the murder of ex-Senator E. w. carmack, would proceed. Judge Hart, whose illness Saturday caused postponement, did not appear until after g o'clock, when he Legan to listen to the excuses of those men summoned on the second venire and who do not wish to serve. Very few excuses were accepted.
 The first man who presents Q bus mess excuse will be fined $i0 right off the reel" remarked the court and at least half of the waiting line of men melted out into the court room.
 Attorney General McCarn asked whether or not the defense proposed to resist the removal of Juror Leigh. Judge Anderson said the defense had not had time to investigate.
 Trhe defense has had time," retort- ed McCarn. Tt has had Leighs son working on tbe charges or for some other purpose for several days. And the State wishes to announce that 1t objects to Leigh, not only because he was drunk when accepted, but be. cause he has expressed violent opin- Ion as to the innocence of the accused. We have the proof of that"
 Has Juror Leigh been arrested for perjury?" asked Judge Anderson.
 Not yet" replied McCarn suggest iveiy. Then McCarn offered to read the affidavit against Leigh. but the de- fefise ob'scted. The State then asked the court to set . day for the hearing. continue the examination of taIesfnen and settle the Leigh case later. Coun- sel asked for time to consult upon the new venire. which was granted.
 Tee court room was crowded this morning! but the majority of those in attendance were on the venire. Dur ing the recess Judge Hart sent for the six men already selected as jurors and said:
 The court wishes to caution you again against discussing this case amongst yourselves. This would be contrary to your oath"
 This action was taken at the request of the state which professed to believe that those men on the jury against whom prejudice charges will be filed. might discuss the case and influence the others. The work of examining talesmen was resumed at Il a. m. Man after man claimed to have formed an opinion based upon what purported to be the evidence as printed in the Mrs. Beverly Wilson, of Colonel Cooper's youngest today joined the little coterie of relatives which surround the defen- dants.
 After a searching examination by the state. J. H. Vaughn. a farmer, aged 4S, was selected as the seventh juror. Attorney General McCarn questioned Vaughn closely as to his friendship and connection with Juror Leigh.
 At 3:30 p. m, 100 talesmen had been examined and not a competent juror had been secured.
 As the first panel of the venire of s0O had been exhausted and as the judge was feeling too III to proceed. court. adjourned at 3:5o D. m. until 3 a m tomorrow.