The Birmingham age-herald., 1909-03-05
Farmers Protest Against Delays
 Caused By Attorneys
WITNESSES ARE RECALLED
State GriIIs Several of the Witnesses Offered By Defense and Many Bit ter WrangIes Occur Be-
 tween Attorneys.

Nashville March 4.-When court ad- journed tonight in the Cooper-Sharp trial for the murder of E. w. Carmack after a day marked by little progress and much wrangling between attorneys, the jury sent word to Judge Hart through bailiff that they had a complaint to make" The court called up one of their number William flows. The latter said:
 Most of the jurors are farmers. The time for spring planting is here. We want to get home. The entire crop for the year depends upon the planting. We feel that there are too many delays and to much argument
 We ask the court to hurry things sessions and work longer during the day, but we want to get through and get through soon."
 Judge Hart told Howsshe realized how the jurors felt and that he would use every effort to make the case move more rapidly
 The state this afternoon caused a post to be erected at the spot upon which stood the second telephone pole at the scene Ol Iil6 lIdScuS- ulS pOlO was Iut down soon after the murder. The new pole is a rough short piece of timber, and was erected in order to get photogra ph which the state will try to get before the jury.
 Seventh Week of Trial.
 When court opened this morning it marked the opening of the seventh week of the famous case. The crowd was small CT than usual. The balcony was well filled but the lower floor was almost de- serted until after the proceedings had commenced.
 At 9.30 o'clock the states attorneys had not appeared and Judge Hart sent for them. The word came back that they were in conference, and they craved the indulgence of the court for a short time. Thereupon Judge Anderson said
 Pending the absence Of the state coun- sel for defense will also retire for con- ready for us.'
 The attorneys withdrew, conferred and returned but still the state delayed. Fin ally after 10 o'clock Attorney General Me Carn and his associates entered and said:
 Recall pr. McPheeters Glasgow for cross examination"
 Captain Fitzhugh conducted the cross examination.
 Doctor, when counsel examined you and read your autopsy statement to Dr. Eve, he described one of the wounds upon Senator Carmack's body as one and one-half inches from the medan line of the left side. Is that correct?"
 ,,;,- T+ half typewriter one and one-half, but the was crossed out
 How did that bullet range?"
 Tt ranked downward and forward
 Death Not instantaneous.
 "It would be possible to receive such a wound and live for some tme%'
 Gases have been so reported
 You're familiar with pr. Von Berg mans text book on surgery as translated by pr. Bull?"
 We object" said Judge Anderson. 'They are not cross-examining him, they are using him as an expert"
 We are not said Captain Fitzhugh. We are testing his knowledge"
 The state can do that" commented the court
 But Dr. Glasgow is our witness, said Judge Anderson-as matter of fact. the doctor is the witness the state sold in open court to the defense. We did not put him on as an expert so they cannot use him such"
 "The court cannot anticipate the states questions" remarked Judge Hart
 Fitzhugh then asked if the work of von 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 1t did The states questions tended to show that the wounds inflicted upon the senator, while heart wounds. were less likely to be instantly fatal than others in different part of the heart. The Idea was to show that Car mack 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 gI oGnd the court ruled he could not tes- tify as one. He was asked If wound through the spinal cord would not cause r'lachlar convulsions. The states object evidently was to show that the wound in the neck cutting the spinal cord caused Senator's Carmacks muscles in the hand to contract and thus explode the revolver The defense objected and the doctor quail fled as an expert and said:
 Expert Answers.
 There would be muscular eonvulsons followed by paralysis
 50 if the senator had a cigar in his hand and the shot was fired into his spinal cord and paralysis was instant what would become of the cigar or any thing else held in his hand?"
 Tt would fall--either cigar or revolver just where the senator stood.'
 But you saw the cigar still in Senator
 
 kCONTINUED ON FACE 6.)