Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-22
CALLS SECOND PANEL STRAUS OFFERS PROOF
Court Gives Order Carmack Insists That Fewer Japanese
Murder Trial. Are Coming Here.
WILL NOT ACCEPT EXCUSES TALKED OVER BY CABINET
Five Hundred Additional Taemen President Satisfied
to Report Monday California Affair.
STATE SPRINGS SURPRISE SERIOUS PROBLEM FOR FUTURE
Attacks of Flint
one OF the men CHOSEN
Tor the jury
WILL NOT ACCEPT EXCUSES
Five Hundred Additional Talesmen
to Report Monday.
STATE SPRINGS A SURPRISE
Prosecution Attacks Competency of
One of the Six Men Chosen
for the Jury.

NASHVILLE, Tenn. January o.
Wearied by the monotony of the examina-
ton of talesmen the throng which was
on hand during the first two days of the
| trial of the three men accused of the mur
when court opened today There was the
usual rush forward of men summoned for
jury duty to offer excuses. but Judge
Hart remarked that he would accept no
excuses except those fixed by law.
When the six selected jurors were
brought in one of them. ]. NJ. Whitworth.
said to Judge Hart:
Judge I've been used to my morning
toddy for good many years, and 1 miss
it powerfully this morning Can't | get
one. just one. every morning."
THE Constitution prohibits unusual or
cruel punishments." the court remarked
judicially. Mr.. Officer see that those
gentlemen who are wont to have a toddy
get their toddy hereafter"
Relatives Of Defendants Appear.
Judge Allison of the chancery court.
who was killed by Juror Whitworth's $
brother a few years ago, was the father
in-law of Attorney General McCarn. who
is prosecuting this case. Juror Whitworth
stands very high in the community and is
regarded as one of the best men yet Sc
lected.
Mrs. John D. Sharpe was the only rela-
tive of any of the defendants in court this
morning when the proceedings began.
Later Col Cooper.s daughter and nieces
arrived and greeted their kinsman on trial
affectionately.
Col. Cooper made a place for his daugh-
ter at his side and put his arm gently
around her.
May Play Cards and Dice.
A little later the attorneys asked time
for conference and were granted forty
minutes. Judge Hart then suggested that
the jurors retire to their room, where
they could be more comfortable.
Can they play cards?" the deputy
asked
Yes, and roll dice on the floor if tney
| want to- said the court
When the conference was ended the
first surprise of the trial came. Affi6avits
were filed by the state attacking the COM
potency of one of the six jurors chosen
The document was offered by Attorney
| General McCarn. who said that j. S.
Leigh. the second man chosen. was drunk
the day he was selected, and was there
fore disqualified by law.
Judge Anderson, for the defense. object
ed and was granted time 10 examine The
affidavit.
The court ordered the examination OF
talesmen to proceed pending decision
as to the competency of Juror Leigh.
State Grows Cautious.
The incident appeared to make the
states attorneys more cautious, and they
began to question prospective jurors so
closely that the defense objected to
| argument with Witnesses
Capt. F'itzhugh, for the prosecution, re-
piled hotly that he must learn the dis
position of the witness before he could
| judge whether Or not to accept 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.
Admits Drinking Often.
| One man said he drank often, but got
drunk only when he had nothing to do.
| He declared his last celebration 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 900 were
ordered summoned 10 appear Monday.
| Then the court gave the attorneys for the
defense until . m. tomorrow TO answer
| the affidavits against Juror Leigh and ad-
iDIrpmpnt unfil that time