New-York tribune., 1909-03-02
BUY A STATE WITNESS
IN AUTOPSY ON CARMACK.
Transaction at Cooper Triol-Wit-
ness Sasp Senator uitR Pistol

Nashville. Tenn. March 1.-The spectacle OF coun-
| gel one side not only selling witness 10 the
opposition but hagginE over the terms was one OF
the incidents to-day IN the trial of Colonel D B.
! Cooper. Robin Cooper and John =. Sharp for the
killing Of United States Senator Csrrnack-
The subject of the commercial transaction was
| Dr.. McPheeters Glasgow. who had been employed
by the prosecution to go TO Columbia and perform
an autopsy on Senator Carmacks body He re-
ported his findings to the prosecutors He was
suhpdnaed by the state, but was not used Inc
defence learned Of the autopsy and summoned the
doctor.
1t will he recalled that autopsy was held on
Senator Carmacks body after the tragedy. Two
physicians cut out the t1yo bullets that passed
through his abdomen. but these bullets were di-
rectly under the skin. No measurements were
made. effort to discover the range OF the
bullets was attempted. In the middle Of Decem-
her, however. the states attorneys. accompanied
hy DR.. Glasgow and one other physician went to
Columbia and disinterred the body of the dead
Senator. The results Of the autopsy were not
made public In fact the first information even
the defence had of the affair was when It read
the account in the newspapers,
Or. Glasgow told counsel for the defence to-day
that bis services as an expert had been retained
by the state. and that he would not discuss the
case except with the Attorney General The de-
fence asked the to-day to instruct the doctor
talk its counsel.
The court complied partly by telling the doctor
that it would be proper for him to talk with the
that would throw light on the killing. The state
objected. and the doctor stood firm. Unless the
state which employed him. orders him TO consult
with the opposition he declined to talk. The state
suggested that the defence swear the doctor and
put him on the stand. The defence resented the
suggestion and declared it would put no witness
on the stand without knowing TO what he would
testify
Then ATTORNEY General Mccarr made this propo-
sition: If the defence would pay the stats
the costs of the autopsy. including DIR. Glasgow's
fee, the state would wavs Its rights.
Iu4ge Hart said the defence wanted to see the
goods before they bought. and they offered to
ccaftr with DR.. Glasgow, and, il they decided to
usa him as 4 witness, 70 reimburse the state.
The prosecutors refused this offer. Pay whether
yru him or not" they said.
There was a hurried conference. and the defence
bought "ths goods in the bag" and DR.. Glasgow
be anne their witness
THE COURT ASHAMED"
an very much ashamed of the transaction
t3e Whole transaction said Judge Hart quietly
the press table, but It is out of my jurisdic-
ton"
Dr. Glasgow is strikingiy big man, dgnihed
and slow IN his movements. He said he had a
speaking acquaintance with Senator Carmack
7 performed an autopsy upon Senator Carmaoks
body Attorney General McCarns request on
November IL
How did you find the body?"
IN fairly good condition The grave had been
opened and the body was on tat stripped ready
for the autopsy. I was assisted BY DR. Harrington
Mohr. had seen Mr. Carmack's body after death |
and found two wounds made by the undertaken |
after had ssen L These wounds were made in
embalming''
There was one wound inches below the left |
nipple and one inch to ths inside. Ths bullet |
passed through the heart Four and one-half inches
below the right nipple and one inch outside was |
a wound from which bullet had been taken An |
inch from the left median line Of the neck was an
other wound which was black: the others we're |
clean The bullet out Of the mouth. tUo |
teeth being loosened and held by ths lips only.
"Ths third wound entered the chest between the |
fourth and nth ribs. pierced the heart. wounded
the ventricle and passed downward and forward |
through the liver and reached the skin between the |
sixth and seventh ribs. The bullet cut out from
beneath the skin.
The significance Of Dr.. classow's testimony was |
that any one Of ths wounds sustained bv Carnack |
necessarily ard instantly fatal ara that IL the
Senator did not FIRE the first shots he could no. |
have fred at ell
SAW CARMAck WITH REVOLVER
The cnly other important witness Of the day vas |
5 J. Binning. who said he Senator Carnlack |
lingering a revolver and testing the cylinder q |
few moments before the shooting began. He was |
confused cross-examination. however and con-
tradicted himself many important points
The witness testified that the pistol he had
in Carmack's hand "a shiny. nickAl-pla,ei |
pistol This decided sensation, fer the
volver said 70 be Senator Carmack's IS blue steel
while the one taken from Colonel Cooper vas
nickel plated. The state has always contAnded that
the blue steel gun found the dead Senator's
body was Colonel Coopers. On the other hand.
Major VertreS, who lent Senator Carmack his
volver. has sworn that the weapon blue steel
This is only Of the many apparently irrecon-
cilable contradictions in the The witness
pressed closely on this point however. finally COM
pletely contradcted himself. rendering his pre-
vious testimony valueless.
II nearly p N. when Judge Hart ordered |
court adjourned until a m tomorrow