The Montgomery advertiser., 1909-03-05
JURORS MAKE
 A COMPLAINT Too Many Delays in
 Cooper Trial JUDGE MAKES PROMISES The Lawyers Get Into Another
 Controversy. A New Pole Has Been Erected At the Scene of the Murder for the
 State to Have Photo Made

NaShviue. Tenn. March 4-Wh hen court adjourned tonight in the Coop er-Sharp trial. for the murder or TOT mer Senator k. W. Carmack. after day marked by little progress and much wrangling between attorneys. the jury sent word to Judge Hart. through 1 hailaff, that they had complaint to make" The court called up one or their number, William flows. The lat ter said: Most of the jurors are farmers. The <fme 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 de- lays and too much argument.
 we ask the court to hurry things along. We would be glad 10 nave night sessions and work longer ourlns the day, but we want to get through and get through soon. ,,u.a IuSgs Hart told Hows he realized Now inc jurors felt and that he would nae every effort to make the case ihoFe The State this afternoon caused a ,ost to he erected at the spot upon Which stood the second telepn0he po,. st inc scene of the tragedy rms po.o was cut down soon after the n,o, iece ,,,nhsr and was erected In oroer ,, Io gst ., photograph. which the s'a'e WI" Sry to get before the oury' than Tha crowd was smaller touay ,,ea .,.,al The balcony was well 1iiiet' hui the lower floor was aiilios. had ed until after the proeeeoi's'
 commenced. ..,avs had not
 raa ami Judge Hart sent TOT 'slIarn me word came back that tn.y ..,sra ,n conference and they craVeo .n. t,advIeepce of the court TOT shoi time. said.
 Thereupon Judge Anderson saia
 "Pending the absence or the counsel for the defense Will aiso tire for conference. we "h'
 when you are ready for us
 Tine attorneys withdrew. conferred
 s rsturne3 but still the state deiay cd Finally after 10 o'clock At'oines y General McCarn and his associa'e' entered and said: ,,.o,,, t,r ..Recall pr. McPheeters Glasso" ioA cross examination. . .h. Captain Fitzhugh conducted 'he cross examination ,,o,, .nd read your autopsy statement to Dr Eve he described one or the 1roun,3s upon Senator Carmack's pooy =. one and one-half inches from the median line of the left side. IS tha' .correctT' ,.h T, 1 '.No sir. It was one-hAh i"S =, twas typewritten one and ohe-haii' o1 sthe one was crossed out.
 .IIow did that bullet range? "It ranged downward and forward
 'Tt would be possible to receive suoi ta wound and live for some tune
 "Cases have been so reported
 "You are familiar with pr. Vol Bar9man's text book on surgery a' translated by Dr. Bull?
 Lawyers fin Controversy.
 .yve object" said Judge Anderson ..r,bav are not cross examining him they are using him as an expert
 we are not" said Captain Fltz .bueh. We are testing his knowledge.
 'Srbe state can do that commente' the court. ,,+,ass
 "Rut pr. Glasgow Is our witness aaid Judge Anderson. AS matt .t, fact the doctor is the witness M state sold in open court to ene axner .1ra did not put him on as an eNpe
 un' ,annot use him as such. so ,,,r, rr' court cannot anticipate .n
 rhe astions," remarked Judg states questioh''
 Hart. ,,,ad If the work o
 1argman did not report man
 a. of neople shot through 'he da eho lived some time ana over aais h fense's objection, the ooo'oi
 did. ..,ons tended to shoy .hat inc wounds inflicted upon n tn Sanator. while heart wounos, ,,I1a1v to be instantly fatal than o'nel ne. tr a different part of the hearI h tdes was to show that Carmack Ilisn ,awa lived long<enough to shoot twic' aSter he received the Wounos "hie killed him. n, ,,aver ha
 Drx Glasgow said he had never a ma .nv nractice in heart wounds and wa not an expert, .. r,,,ad h
 On this ground the court ruleu could not testify as one.
 He was asked if wound throus the spinal cord would not cause muscu lar convulsions u :
 The states object evidently was show that the wound in the neck cu' tinp the spinal cord, caused Senate Carmack's muscles in the hand to cor tract and thus explode the revolver.
 The defense objected again and th doctor qualified as an expert and salt
 ."There would be muscular conVu sions. followed by paralysis
 "So. if the Senator had cigar his hand and the shot was fired int his spinal cord and paralysis was II stant what would become of the ciga