The Montgomery advertiser., 1909-03-02
DR. GLASGOW'S EVIDENCE
 FAVORS THE C0OPERS
Iudge Hart Shows His Disgust of
 the Trade.
The Prosecution Had Hired pr. Glas- gow But His Report Of the Autopsy Was Not
 To Their Lik.
 ing.

Nashville, Tenn, March 1.-The spec tacle of counsel on one side, not only selling a witness to the opposition, but haggling over the terms. was one of the elevating and extraordinary incl dents today In the trial of Col. D. B. and Robin Cooper and John D. Sharp for the staying of former United States Senator k. w. Carmack.
 The subject of the commercial trans- action was pr. McPheeters Glasgow. one of the most eminent surgeons of the State, who had been employed by the prosecution to go to Columbia and perform an autopsy on Senator Car macks 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, Doctor Glasgow Is a very ethi- cal man. He told counsel for the de- fense that his 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- fense asked the court this morning to instruct the doctor to talk to his coun- sel The court complied partially by telling the doctor that 1t would be prpper for him to talk with the de-
 
 IVrmation that would throw light on the killing. The State objected and the doc. ,r stood firm. Unless the State which employed him ordered him to consult with the opposition, he declin- ed to talk. The State suggested that the defense swear the doctor and put him on the stand. The defense resent ed the suggestion and declared 1t would put no witness on the stand mi k fn hot h tify. Then the States counsel consult ed and Attorney General McCarn made this astounding proposition:
 That if the defense would pay the State the costs of the autopsy, includ- ing Dr. Glasgow's fee, the State would waive its rights.
 As Judge Hart said in disgust, the defense wanted to see the goods before they bought and they offered to confer with Dr. Glasgow and. if they decided to use him as a witness, to reimburse the State.
 To this proposition, the pros- ecutors entered an emphatic veto, "Pay whether you use him or not" they said and the courts comment was they want to sell the goods in a bag"
 There was another hurried confer ence and the defense bought the goods in the bag and Dr. Glasgow became their witness. The significance of his testimony was that any one of the three wounds was necessarily and in- stantly fatal and that if the Senator did not fire the first lots, he could not have fired at all.
 The only other sensational witness or the day was s. J. Binning who claimed to have seen Senator Carmack lingering his revolver and testing the cylinder a few moments before the shooting began. He was badly con- fused on cross examination, however and contradicted himself on many i'm portant points.
 With their ordeal of cross-examtna tion behind them. the three defendants were in especially good humor today Even the old Colonel. usually stern and taciturn, smiled genially at his friends. shook hands with some and seemed to enjoy playful push in the back given by his youngest daughter, Mrs. Beyer- ly 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 regulars have learned that the balcony Is the real vantage point and the heaviest crush is now at this point.
 As soon as Judge Hart rapped for order. Judge Anderson, for the defense, said
 
 matter to submit to the court and we deem 1t best to present it in the ab- sence of the jury"
 Take out the jury" said the court.
 Gall pr. Glasgow" said Judge An- derson. Now if your honor pleases, the defendants are informed that af- ter 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 pr. Glasgow to tell us what he knows. He has refused. He says, to his credit, however, 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 te us-not to volun- teer information, but to answer our questions.
 Argues Over Glasgow.
 Then Attorney General McCarn said:
 '"we have instructed pr. 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 shot the bullets into the dead man. sThey were there and we were not. We have no living witness to that killing. The defense simply wants to know how much we know and we object to their trying to get at our evidence If they want to put Dr. Glasgow on the stand, under oath then all right. We are willing but they have no right to try to find out just how much of the truth we know We would have the same right to call Dr. Lucius Burch and question him as to the wound in hicted upon his brother-in-law but we did not have the nerve. Some papers said that we had decided not to put pr. Glasgow on the stand. That is untrue, we are handling the case In our own way and we propose to follow our own methods"
 Genera! Washington replied for the defense that when the State closed it's case without using Dr. Glasgow She defense subpoenaed the doctor, that he was the defense's witness and that un- der all ruNs of procedure the defense was entitled to know what information he had before 1t put him on the stand.
 It will be recalled that no autopsy was held upon Senator Carmack's body after the tragedy. Two physicians cut out the two bullets that passed through aAs abdomen but these were directly xander the skin. No measurements were