The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-03-02

pense."
II instruct the DOCTOR" said Judge
| Hart. that it is not improper not &c
talk, but 1t is proper to talk if he
wishes"
I ask if am ordered TO talk" sale
| DR.. Glasgow Il am employed by an
| other man and without his consent can
not talk l feel that | got the informa
tion in confidence and as a professional
| man 1 cannot talk 1t would not bs
| professional.
Il do not order you TO talk" said this
court Il instruct you that it is proper
| to do So"
The counsel for the defense withdrew
| with DR.. Glasgow but returned in 8
moment.
Refuses to Talk
| "The doctor refuses to talk to us un
less instructed to do so by the counse
! for the state' said Judge Anderson
I'VE ask for a court order directing
him to give us any information he may
| have
| THAT is a new question said Judge
! Hart. Il never heard 1t raised before
| The state claims DR.. Glasgow as a pro
fessional expert, paid by it. The doctor
claims his professional privilege. would
like to hear authorities cited. OF course
there exists a professional secrecy be
tween patient and doctor Whether tha'
privilege extends to an employer of tht
physician in the light of a coroner, l dc
not know"
The state consulted a moment and ther
Attorney General McCarn said:
I'VE believe the court has no right to
| order Glasgow to talk, but if the defense
will pay us back what we paid fol
DR.. Glasgow's services we consent to then
comforting with him.
IF we decide to use the doctor as &
witness We will reimburse the state,
said Judge Anderson.
mo you won't; you. will reimburse us
before you talk to him." said the at
torney general.
Judge Hart Disguised.
NOW that you have gotten the dis
pute down to a commercial question OF
dollars and CENTS" interposed the court
in Disguised tone, the defenses con-
tention is that it wants to see the goods
before it buys them. The state, how
ever, wants to sell them in a bag"
I'VE had to buy them in a bag, your
honor" said Attorney General McCarn.
Il am very much ashamed of the
transaction--the whole transaction" said
Judge Hart quietly to the press table,
but it is out of my jurisdiction"
Counsel for the state thereupon took
possession of Dr. Glasgow and retired for
discussion with him.
After the conference, which was short,
the defense called DIR. E. G. Edwards
to the stand. The doctor made an X
ray Photograph of Robin Cooper's shout
der to learn whether or not the bullet
was still in his body. The doctor was
called upon to qualify as an expert by
telling what an X-ray was. He did so
in scientific terms, to the great disgust
of the jury, which is not above the ordi-
Ill II
photographs of number of people show
ing bullets still in the body, and then
the one of Robins shoulder, disclosing
no bullet. The jurors gazed at the photo
graphs curiously then glanced at one
another as though to inquire whether
anyone really believed such a thing as
an X-ray picture was possible.
Evidence of the Scar.
On re-cross-examination DR.. Edwards
said he was of the belief from the scar
of Robins shoulder that the bullet never
entered the body but merely ploughed
through the flesh.
THE surgeon who probed the wound
would be the better judge of that" said
Judge Anderson. The state objected and
was sustained. Then the defense called:
DIR. McPheeters Glasgow
The doctor is a striklngly big man,
dignifled and slow in his movements. He
said he had a speaking acquaintance with
Senator Carmack.
Il performed an autopsy on Senator
Carmack's body at Attorney General Me-
earns request on November H."
How did you find the body?'
In fairly good shape. The grave had
been opened and the body was on a
table stripped, ready for the autopsy.
1 was assisted by DR.. Harrington Moher.
1 had seen Mr.. Carmack's body after
death and found two wounds made by the
undertaken after 1 had seen it. These
wounds were made in embalming.
Two Bullets Through Heart.
There was one wound two inches be-
low the left nipple and one inch to
the inside, the 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 life me-
dian line of the neck was another wound
which was black, the others were clean
The bullet came out of the mouth, two
teeth being loosened and held by the lips
only.
THE third wound entered the chest
between the fourth and fifth ribs, pierre
ing 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
was cut out from beneath the skin"
when did you see the senator frst?'
II saw him when he was lying on
the street, saw him at the undertaken s
establishment and saw him at the re-
opened grave in Columbia.
THAT is all; take the Witness
I'VE will not cross-examine now" said
the states counsel, but we reserve the
right to do so later"
Any Wound Fatal.
The defense wished technical descrip-
ton of the wounds to prove it's conten-
tion that any one of them would have
been instantly fatal.
The defense believes it has established
that Senator Carmack did fire two shots
and If he fired them, re must have
fired them before any of the shots Robin
Cooper fired entered his body.
William Kinney, travelling salesman,
who had a room in the Polk apartment
house overlooking the scene of the kill
ing heard the shots. Two came together
and were loud he said. Then there was
an interval and three shots came very
rapidly.
Charles p Hayden was then called. He
went to Attorney James Bradford's Of
fee the afternoon of the tragedy about
. o'clock. He had to wait half an hour
in Miss Lee's office. He saw Mr. Brad
ford and Gen. Tully Brown leave the Of
flee and was there when the news of
the killing reached the office. He said
he noted nothing unusual about either
Mr. Bradford or General Brown.
Gun Identified.
R.~H. Wright, mine promoter and
owner, identified the automatic gun that
Robin Cooper used to kill Senator Car
mack. He said he carried it when at
the mines and loaned 1t to Robins uncle