The evening world., 1909-03-01
WAR
OVER DOCTOR At
CARMACK TRIAL
Prosecution Claims Defense Is
Trying 10 Get a Line on
Their Plans.

NASHVILLE, March 1.-Refreshed af
/ tor day and n half adjournment and
with their lines of battle reformed
counsel in tho Cooper Sharp rri,l for he
Staying Of tormr" United state, Senator
J.. W. rarlay, appeared In cour- 10.
day for 4 renewal uf the contest, With
Their ord'7l of nyaminatlon behind
them, the hire" defendants were IN es.
pecially good hImor Even Col. Cooper,
usually stern and taciturn, smiled gen,
i1liH at his friends, Shoot hands with
Some and seemed to enjoy n playful
push IN the back given by his younges;
daughter, Mrs. Beverly Wilson. of Mo.
bile.
As soon as Judge Hart raped for
order Judge Anderson Of the defense.
said
" Your Honor please, We have a
matter TO submit to the Court and we
deem II best 10 present It in the alb.
sence Of the jury
Take ont the Jury said the Court.
Call Dr Glasgow said Judge An.
derson. Now, II Your Honor pleases.
the defendants are Informed that q
few days after the burial Of Senator
Carmack, some time, we DO not know
when. an autopsy was performed by
llr. Glasgow. He Says. to his credit
however. that he Is personally willing.
but that he has been instructed by the
State no, to talk. We ask that he be
instructed 20 talk to us--not to volun-
tser information. but To answer our
questions"
Then Attorney. McCarn, an
swerlng, said:
I'VE have instructed pr Glasgow
not to talk. We retained Dr. Glasgow
to get certain facts for us These facts
the defendants know. They pW; those
bullets into Carmack's boiy--thcy shot
the bullets into the dead man. They
were there and We We're not. We have
no living witness to that killing The
defense simply wants to know how
much We know and we object 10 their
trying 20 get at our evidence. II they
want to put Or 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 20 call Or Lucius Burch
and question him MS to the wound in
hicted upon his brother-tn-aw. but We
did not have the nerve. Some papers
said that he had decided not to put DR.
Glasgow on the stand. That is untrue
We are handling the case in our way
and we propose to follow our own
methods
Gen. Washington replied for the de-
Tense that when the State closed It's
case without using Or. Glasgow the de-
Tense sbbpoenaed the Doctor, that he
was the detense's witness and that I'M
der all rules Of procedure the defense
was entitled TO know what information
he had before he was called to the
stand.
Doctor Refuses to Talk.
No autopsy was held on Senator Car
mackS 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 measurements were made. so no cf-
fort 10 discover the range Of the bul-
let's was attempted Early in January
however, the states attorneys. accom-
panied by Or. GLASGOW and one other
went to Columbia and ds!n-
tered the body OF the dead Senator
The results OF the autopsy wer not made
public. In fact, the first information
even the defense had OF the affair was
when 1t read the account in the news
papers
witness shall not he ordered 20 give in
formation to the defense" said counsel
for the prosecution. I'VE employed Dr.
In professional capacity to aid
US. We still have rebuttal testimony t.
offer We paid for his services. and we
shall maintain that 1t Is un Just to force
US 10 give ten defense information Sc
cured ct our expense"
Il instruct the doctor" Judge Hart,
that It Is not improper not to talk, but
it is PR per to talk ii he wishes"
II am employed by another and with
on; his consent | cannot talk" said Or
Glasgow. Il feel that got the infOrma-
ton In confidence, and as a professional,
man ! conot talk. 1t would no; be pro-
fessIonal'
The dpfens" asked for a court order
the doctor to talk.
The State consulted n moment then
McCarn said:
State Offers to Sell.
I'VE believe the Court has no right |
In order DR.. Glasgow to talk, but II |
the defense will pay rs back what We
paid for DR. Glasgow's services We
consent 20 their comforting with him"
"If we decide to use the doctor rs !
witness we will reimburse the State" I
said Judge Anderson
NO, you won't; YOU will reimburse !
rs before YOU talk TO him." said the |
Attorney General.