Evening star., 1909-03-01
FUSS OVER AUTOPSY
Cooper Defense Demands Dr..
GIasgoW's Information.
STATE OFFERS TO SELL IT
Court Expresses Disgust Over
Wrangle as to Remuneration.
TELLS WITNESS HE MAY TALK
But Physician Decides He Is Bound
to Secrecy by Professional
Etiquette.
STATE OFFERS TO SELL IT
TELLS WITNESS HE MAY TALK

| NASHVILLE. Tenn, March Ire
| freshed after a day and half adjourn
| ment and with their lines Of battle re-
formed, counsel In the Cooper-Sharp tria
for the Staying of former Senator E. w
Carmack appeared In court this morning
for renewal of the contest
! With their ordeal of cross-examinatior
behind them. the three defendants were
in especially good humor. Even the
old colonel. usually stern and taciturn
smiled genially at his friends, shook
hands with some and seemed to enjoy a
playful push in the back given him by
his youngest daughter. Mrs. Beverly VIII
son, of Mobile.
There was the usual large crowd await
ing the opening of the courtroom 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 that
point.
Defense After Results of Autopsy.
| AS soon as Judge Hart raped for order
Judge Anderson of the defense said:
IF your honor please, we have a mat
| ter to submit We deem it best to present
| 1t In the absence OF the jury
Take out the jury said the court.
Call DR.. Glasgow" said Judge An
derson.
Now, if your honor please, the de-
| PENDANTS are informed that few days
after the burial of Senator Carmack,
some time-we do not know when-an
autopsy was performed by DR.. Glasgow.
He says, to his credit. however, that he
fS l11-x >,tk h~4sa
| instructed by the state not to talk.
I'VE ask that he be instructed to talk
| to us-not to volunteer information, but
to answer our questions"
Objection Raised by State.
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 de-
fendants knew.
They put those bullets into Carmack' 3
| body. they shot the bullets into the dead
man. They were there and we were not.
I'VE 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.
1--WE would have the same right to call
DR.. Lucius Burch and question him as
to the wound inflicted upon his brother-in-
| law. But we did not have the nerve.
Some papers said we had decided not
to put Dr. Glasgow on the stand. That is
untrue. We are handling the case In
our own way and we propose to follow
our own Methods
Defense Alleges Right.
that when the state closed its case with
out using DR.. Glasgow the defense sub
poenaed the doctor, that he was the de-
fense's witness, and that under all rules
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 on Senator Carmacks body after
the tragedy. Two physicians cut out
the two bullets that passed through his
abdomen, but these bullets were directly
under the skin No efforts were made to
discover the range of the bullets.
In the middle of November, however, the
states attorneys. accompanied by 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 defense had OF the
affair was when 1t read the account In
news OlSpdIcheS.
First Ruling Of Court.
This Is the first time the question
has been raised" said the court. Il
will instruct the witness now that it is
proper that he should tell counsel il
he had any information that will throw
any light on this affair."
I'VE understand, then. you do not
order the witness to talk to the coun.
sci for the defense?'
Not just now" said the court.
1--WE protest and will protest that
the witness shall not be ordered to
give information to the defense. We
employed DR.. Glasgow in professional
capacity to aid us.
I'VE still have rebuttal testimony to
offer. We paid for his services and we
shall maintain that IT is unjust to force
us to give the defense information Sc
cured at our expense"
Il instruct the DOCTOR" said Judge
Hart, that it is not improper not to
talk. but it is proper to talk if he
wishes
Il ask If am ordered to talk?" said
DR.. Glasgow. II am employed by an
others. Without his consent I cannot
talk.
II feel that I got the information in
cannot talk. 1t would not be profess
sional."
Il do not order you to talk" said the
court. instruct you that it is proper
| to do so."
Glasgow Will Not Talk.
| The counsel for the defense with.
drew with Or. Glasgow, but returned
| in moment.
| The doctor refuses to talk to us unless
instructed to do SO by the counsel for
the state" said Judge Anderson. 1--WE ask
for court order directing him to give US
| any information he may have"
| That is new question" said Judge
Hart. II never heard it raised before.
| The state claims that DR.. Glasgow, as ar,
expert. was paid by the state The doctor
| claims his professional privilege
Il would like to hear authorities cited.
| OF coruse. there exists professional
secrecy between patient and doctor
Whether that privilege extends to an en-
ployer of a physician in the light of a
coroner / do not know"
The state consulted a moment. Then At
torney General McCarn said:
I'VE believe the court has no right to
order DIR. Glasgow TO talk. But If the
defense will pay us back what we paid for
DR.. GiasgowS 8 services we consent to their
comforting with him.
IF we decide to use the doctor as q
witness We will reimburse the state,'
said Judge Anderson.
mo YOU won't You will reimburse