Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-05

said Judge Anderson-As a matter of
fact. the doctor is the witness the state
sold in open court to the defensive
did not put him on as an expert, so they
cannot use him as SUCH"
AS to Heart Wounds
1.-The court cannot anticipate the states
questions" remarked Judge Hart. Fitz-
hugh then asked If the work of Won
Bergman did not report many cases OF
people shot through the heart who lived
some time and over the defense's objec-
ton. the doctor said he old.
The states questions tended to show
that the wounds inflicted upon the SEN
ator, while heart wounds, were less like
ly to be instantly fatal than others in
different part of the heart. The idea
was to show that Carmack might have
lived long enough to shoot twice, after
he received the wounds which killed him.
Dr. Glasgow said he had never had
any practice In heart wounds and was
not an expert. On this ground the court
ruled he could not testify as one. He
was asked If wound through the spinal
cord would not cause muscular convul-
sions.
The states object evidently was to show
that the wound in the neck, cutting the
spinal cord, caused Senator Carmack's
muscles in the hand to contract and thus
explode the revolver.
The defense objected again and the doc
tor qualified as an expert and said:
Qualified as Expert
There would be muscular convul-
sions, followed by paralysis"
so If the senator had a cigar in his
hand and the shot was fired into his spi-
nal cord and paralysis was instant, what
would become Of the cigar or anything
else held in his hand?
'It would fall-either cigar or revolt
ver-just where the senator stood"
But you saw the cigar still in Senator
Carmack's fingers when you arrived,
hence there was no instant paralysis?"
Eyes, sir. saw 1t. 1t dropped later"
On redirect examination DR.. Glasgow
said that any movement made after the
spinal cord was separated, would be
spasmodic and the victim would be inca
pable of voluntary action.
Benning Is Recalled
The state then recalled S. ]. Benning
for further cross-examination. Benning is
the man who claimed he saw Senator
Carmacks testing the cylinder of his re-
volver a few moments before the shoot
ing and who was so badly confused on
Tuesday. He was asked where he had
lived besides Illinois and Missouri, and he
claimed Oklahoma and Indian Territory
as temporary abodes.
General Gamers questions were aimed
at Benning's manner of living for year
or more He said he and his son went
ur the river buying logs for Mr.. Ran
som, but he could not give the name or
single man from whom he purchased
them, nor how much money he paid
General Garner passed q photograph of
onlr RAnn1nR
was asked If it was photograph OF
Senator Carmack, whom he claimed that
he knew.
''It looks like him."
I'VE offer the picture in evidence" said
Garner
Picture Is Excluded
The defense sent up a chorus of OBJ
iections, for the picture shows the sena-
tors boy in his arms. The court ex-
cluded it.
..Did you tell Charlie and George Car
roll, in their shooting gallery, an hour
after the tragedy. that if you had been
five minutes earlier you would nave
seen the killing?"
II may have said so to escape being q
witness
The witness on direct examination, said
he went to General Weeks office the
morning after the tragedy and volunteer
ed the testimony that he saw the shoot-
ing. General Gamers cross-examination
of Benning was savage and he involved
the witness in numerous contradictions
before he rested. When the defense began
its redirect examination of Benning, a
sharp tilt ensued between General Gar
ner, of the state, and General Washing
ton, of defense. General Garner said:
General Washington persists In asking
questions which he knows and must know
are incompetent 1 ask the court to in
struct him not to do this. 1 will not
say why he is doing 1.-THE purpose is
too plain.
Objects to Lecture
IT object to be lectured by the states
counsel" said General Washington.
"Sit down both of you" interrupted
Judge Hart ANY lecturer or humor-
Gus comment in this case are in the prov
ince of the court and the court will at
tend to this feature of the trial"
Benning was excused and left the stand
with great evidence of relief and court
adjourned until p. m.
DEFENSE RESTS CASE IN
THE COOPER MURDER TRIAL
NASHVILLE, Tenn. March 2.-The re-
buttaI witnesses for the state were sum.
moned last night be in court today
which indicates that the case in chief for