Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-02
DR.. Glasgow Who Cut Bullets
from Body OF Carmack Call
ed by Defense to Surprise
States Attorneys.
DEFENSE ASKS JUDGE
TO FORCE WITNESS
TO GIVE EVIDENCE
After Argument, Judge Hart Tells
Witnesses il is Not Improper Not
To Talk, But Proper To Talk if He
Wishes.
CHy Associated Presa.)

ed after a day and a half adjournment
and with their lines Of battle reformed,
counsel in the Cooper-Sharp trial for the
staying OF former United States Senator
Carmacl1. appeared this morning appar-
entity in fne fettle for a renewal Of the
contest With their ordeal OF crOss-exam-
ination behind them. the three defend
ants were In especially good humor-
Even the old colonel. usually stern and
taciturn. smiled geniaIly at his friends.
shook hands with some. and seemed to
enjoy a playful push in the back given
by his youngest daughter, Mrs. Beverly
Wilson. OF Mobile.
There was the usual large crowd await
ing 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
Jury Sent Out
AS soon as Judge Hart raped for order,
Judge Anderson. for the defense, said:
IF your honor pleases. we have a mat
ter TO submit TO the court and we deem
II best to present IL in the absence of the
jury"
Take out the jury" said the court.
Call Dr. Glasgow" said Judge An
deTson- Now. IL your honor pleases. the
defendants are informed that after a few
dsys-after the burial OF Senator Car
mack. some time. we do not know. an
autopsy was performed by DR.. Glasgow.
We have asked DR.. Glasgow to tell US
what he knows He has refused He
says. 10 his credit. however. that he is
personally willing but that he has been
instructed BY the state not to talk. We
ask that he he instructed to talk to US
not 10 volunteer information. but to
answer our questions"
Attorney General Talks
Then Attorney General McCarn said:
We have instructed DR.. Glasgow to
20 talk We retained DIR. Glasgow to
get certain facts for us. These facts the
defendants knew. They put those bullets
into Carmack's body; they shot the bull
lets into the dead man. They were there
and we were not We have no living wit
ness TO that killing.
The defense simply wants to know
how much we know and we object to their
trying 70 get at our evidence. If they
want TO put DR.. Glasgow on the stand
under oath. then all right. We are will
ing 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
70 the wound inflicted upon his brother
in-law. but we did not have the nerve.
Some papers said that we had decid-
ed not TO put DR.. Glasgow on the stand
That is untrue. we are handling the case
IN our own way and we propose to fol-
low our own methods"
General Washington replied for the de-
Tense that when the state closed. its
case without using DR.. Glasgow. the de-
Tense subpenead the doctor. that he was
the defense's witness and that under all
rules Of procedure. the defense was en-
tstled to know what information he had
before il put him on the stand.
Autopsy Not Made Public
Il viii 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 his alb
domen but these were directly under the
skin. No measurements were made, no
effort to discover the range Of the bullets
was attempted In the middle Of
November. however. the states
attorneys, accompanied by Dr.
went To Columbia. 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 afair when 1t read the &C
count OF the Associated Press dispatches.
Should Tell Counsel
This is the first time the question has
been raised. (" said the court, land 7 will
instruct the witness now, that II IS
proper that he should tell counsel il he
has any information that viii throw light
on this affair"
I'VE understand. then. you do not or
der the witness 10 talk to the counsel
for defenseT'
Not just now said the court
I'VE protest and viii protest that the
witness shall not be ordered TO give in
formation TO the defense We employed
DR.. Glasgow in a professional capacity to
aid US We still have rebuttal testimony
TO offer. We paid for his service and we
shall maintain that it is unjust TO force
us TO give the defense Information Sc
cured at our expense"
II instruct the Doctor" said Judge
Hart ''that IL is not improper not to talk
but II is proper to talk IL he wishes"
Il ask II I am ordered TO talk" said
DR.. Glasgow. i am employed by another
man and without his consent I carnot
talk ] feel that I got the information, in
confidence and as a professional man I
cannot talk II would not be profess
sionaL"
Il do not order you 10 talk" said the
court. Il instruct you that II is proper
70 dc So"
Claims Professional Privilege
The counsel for the defense withdrew
with DR.. Glasgow but returned IN a
moment
The doctor refuses to talk TO US un-
less instructed 20 do so by the COUNSEL
for state said Judge Anderson. 1--WE
ask for a court order directing hIm Ia
give US any Information he may rave.
THAT IS a new question" said iUIg"
Hart 7 never heard II raised before
The state claims DR.. Glasgow as a pro-
fessi0ual expert. paid by it. The doctor
claims his professional privilege. would
ike 20 hear authorities cited. or course.
there exists a professional secrecy be-