The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-03-02
DR., GLASGOW WAS CALLED
BY THE STATE BUT TURNED
OVER TO THE DEFENSE
Testimony of DR.. Glasgow Demon
strates the Fact That All Three
of the Bullets That Hit Car
mack Were Neces-
sariIy Fatal.

Nashville, March THE spectacle of
counsel on one side, not only selling a
witness to the opposition, but haggling
over the terms, was one Of the elevat-
iEg and extraordinary incidents today in
the trial of Col. d. B. and Robin Coop
er and John d. Sharp for the staying
of former United States Senator E. w.
Carmack. The subject Of the CONNER
cial transaction was DR.. McPheeters
Glasgow, one of the most emminent sur
geons of the state, who had been en-
ployed by the prosecution TO go to Co.
lumbia and perform an autopsy on SEN
ator Carmack's body. He did so and
reported his findings to the prosecutors.
He was subpoenaed by the state, but
was not used. The defense learned of
the autopsy and summoned the doctor.
Now, Dr. Glasgow is very ethical
man. He told counsel for the defense
that his services as an expert had been
retained by the state and that he would
not discuss the case except with the at
torney general. The defense asked the
court this morning to instruct the doc
tor to talk to- his counsel The court
complied partially by telling the doctor
tt4t it would be proper for him to talk
with the defendants attorney If he had
any information that would throw light
ON the killing. The state objected and
the doctor stood firm. Unless the state,
which employed him, ordered illm to con-
suit with the opposition, he declined to
IL +a4. tAI tLot ~
fense swear the doctor and put him on
the stand. The defense resented the sug-
gestion and declared 1t would put no
witness on the stand without knowing to
what he would testify. Then the states
counsel consulted and Attorney General
A.cOarn made this astounding PROPOSE
tion:
Mccarn's Proposition.
THAT If the defense would pay the
state the costs of the autopsy, includ-
ing DR.. Glasgow's fee, the state would
waive it's rights
As Judge Hart said in disgust, the de-
fense wanted to see the goods before
they bought and they offered to confer
with Dr. Glasgow and, if they decided
% use him as a witness, 10 reimburse
the state.
To this counter proposition the prosecu-
tors entered an emphatic veto. Pay
whether you use him or no." they said
and the courts comment was They want
to sell the goods In bag"
There was another hurried conference
and the defense bought the goods in the
bag and DR.. Glasgow became their wit
ness.
The significance of his testimony was
that any one of the three wounds was
necessarily and instantly fatal and that
If the senator did not fire the first shots
lie could not have fired at ALL The only
other sensational witness of the oay was
S. j. Binding, who claimed to have seen
Senator Carmack lingering his revolver
end testing the cylinder a few moments
before the shooting began. He was bad
ly confused on cross-exa animation, how
important points.
Counsel Refreshed
Refreshed after a day and half ad-
journment and with their lines of bat
tie reformed, counsel appeared this
morning apparently in fine fettle for
renewal of the contest. With their or
deal of crosse examination behind them.
the three defendants were in especially
good humor Even the old colonel,
usually stern and taciturn, smiled gem
tally at his friends, shook hands with
some and seemed to enjoy a playful
push in the back given by his young
est daughter, Mrs. Beverly Wilson of
Mobile.
There was the usual large crowd
awaiting the opening of the court
room DOORS and the usual rush for
seats in the front row. But the regu-
lars have learned that the balcony is
the real vantage point and the heav-
lest crush is now at this point.
AS soon as Judge Hart raped for
order Judge Anderson, for the defense,
said:
If your honor please, we have mat
ter to submit to the court and we
deem it best to present 1t in the alb
sence of the jury"
Take out the jury" said the court.
Dr.. Glasgow Called.
Call DR.. Glasgow" said Judge An
derson. Now If your honor please, the
defendants are informed that after a
few days-after the burial of Senator
Carmack, some time we do not know,
an autopsy was performed by DR..
Glasgow. We have asked DR.. Glasgow
to tell us what he knows. He has re-
fused. He says. to his credit. that he
is personally willing but that he has
been instructed by the state not to
talk. We ask that he be instructed to
talk to us-not to volunteer informa-
ton, but to answer our questions"
Then Attorney General McCarn said: !:
I'VE have instructed DR.. Glasgow not
to talk. We retained DR.. Glasgow to
get certain facts for us. These facts
the defendants knew. They put those
bullets into Carmack's body; they sh OF
the bullets into the dead man; they
we're there and we were not. We have
tOoHT1HUnp ON rA9h -