Bryan morning eagle and pilot. (Bryan, Tex.) 1909-1909, 1909-03-02
CONTENTION OVER DOCTOR
Rather Unusual Proceeding Oc-
ours During Trial.


Nashville. March Immediately
after the cooper-Sharp trial was re-
sumed Monday Attorney Anderson
asked that the jury be excluded and
DR.. McPheeter Glasgow be called.
When the doctor came In Judge Ander-
son said the defendants had been in
formed few days after the burial OF
Carmack that an autopsy had been per
formed by DR.. Glasgow. I'VE asked
DR.. Glasgow to tell us what he knows
He refused He says he Is personally
willing, but had been instructed by
the state not to talk. We ask that he
be instructed TO talk to us-not TO vol.
unteer information-but to answer
questions" Then Attorney General
McCarn said: I'VE instructed DR..
Glasgow not TO talk. We retained Dr.
Glasgow to get certain facts for us.
These facts defendants knew. They
put those bullets into Carmacks body.
They shot the bullets into the dead.
They put them there and we did not.
We have no living witness 10 that kill.
ing The defense simply wants to
know how much We know and we oh.
lect to them trying to get at our evi
dence"
General Washington replied for the
defense. He said when the state
closed its case without using Glasgow
the defense subpoenaed the doctor
that he was defense's witness and un.
der rules of procedure the defense Is
entitled to know what information he
has before putting him on the stand
This Is the first time this question
has been raised said the court, "and |
instruct witness now that II is proper
he should tell counsel If he has any
Information that could throw light on
this affair"
I'VE understand then you do not or.
der witness to talk to counsel for de.
fense?"
Not just now" said the court.
Eve protest and will protest that
the witness shall not be ordered to
give information to the defense. We
employed Or. Glasgow In professional
capacity. to aid us. We will have a
great deal OF testimony. We paid for
his services and we maintain It Is un.
just to force us to give the defense in
formation secured at our expense.
Il instruct the DOCTOR" said Judge
Hart, that 1t is not improper not to
talk, but il is proper to talk II he
wishes"
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 truth We know"
DR.. Glasgow withdrew from the
courtroom with counsel for the de-
fense and on their return again re.
fused to talk unless instructed to do
so by counsel for the state
The state, after consultation, said:
I'VE believe the court has no right to
order DR.. Glasgow to talk, but II the
defense pay us back what we paid for
DR.. Glasgow's services, we will con.
sent to their comforting with him.
The defense agreed to reimburse the
state If they used the witness, but the
state objectd. Attorney General Nc
earn stating: No, you won't; you
reimburse us before you talk to the
witness"
Now you have gotten this dispute
down TO a commercial question of dol
lars and cents interposed the court
in a dsgusted tone. "Defense's con-
tentions is 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 Nc
earn.
Il am very much ashamed of the
whole transaction" said Judge Hart
quietly to the press table, but II is out
of my Jurisdiction. Counsel for state
thereupon took possession OF DR..
Glasgow, and retired for consultation
with him.
Finally the defense called DR.. Glas.
gov. He said he performed the au.
topsy on Carmack's body at the re-
quest of Attorney General McCarn
Nov. II. The grave had been opened
and the body on a table stripped ready
IOT lue dutOpSy 1 was dSSlsteu Dy Ut.
Mohr, | had seen Carmack's body al.
ter death and found two wounds made
by the undertaken after seen IT.
These wounds were made In embalm-
ing"
There was one wound two inches
below the left nipple and one inch
10 the inside. The bullets passed
through the heart. Four and one-half
inches below the right nipple and one
inch outside was found from which
one bullet had been taken. An inch
from the left median line of the neck
was another wound, which was black
The others were clean. A bullet came
out of the mouth, two teeth being
loosened and held by the lips only
The third wound entered the chest be
tween the fourth and fifth rib, pierced
the heart, wounded the ventrical and
passed downward and forward through
the liver and reached the skin between
the sixth and seventh ribs. The bull
let was cut out from beneath the skin
The defense excused the witness.
I'VE will not cross-examine now"
said the states counsel, but we will
reserve the right to do so later"
The defense wished technical de
scription of the wounds to prove ito