The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-03-02
Talk to Its counsel.

IVl lllAi W AahA "asAA sh'N =
he had any Information that would
throw light on the killing. The State
objected and the doctor stool firm,
unless the State which employed him
ordered him TO consult with the op.
position, he declined to talk. Tne
Stale suggested that the defense
swear the doctor and put him on the
stand The defense resented the sHs-
gc5tlon and declared 1t would put no
witness on the stand without knowing
to what he would testify.
Wanted the Price.
Then Attorney General Garner
made this proposition: That II the
defense would pay the State the costs
Of the 'y.opsy including DR.. Glascow's
fee. the State would waive It's rights.
Judge Hart said the defense wanted
to see the goods before they bought
and they offered to confer with DR..
Glasgow. and II they decided to use
him rs witness, to reimburse the
State.
Tho prosecutors refused this offer.
"pay whether you use him or not
they said.
There was a hurried conference, and
the defense bought "the goods In the
bag" and Dr.. Glasgow became their
witness. The Significance OF his ties.
timony was that any one Of the three
wounds sustained by Carmack was
necessarily and Instantly fatal and
that II the senator did not fire the first
shots he could not fire at all.
Confused Witness.
The ony important witness Of the
day was s. B. Winning. He said he
saw Senator carmack fixing a revolver
and testing the cylinder few mo-
ments before the shooting began. He
was confused on cross examination,
however and contradlcted himself on
many important points.
General Garner closely questioned
Winning regarding the pistol the wit
ness said he saw Senator Carmaclt
raise from his pocket. Winning tesu.
fled It was shiny nickel pistol!
This was n decided sensation for
the revolver said to be Senator Car.
mack's Is blue steel. while the one
taken from Colonel Cooper WIS nickel
plated, The State has always con.
tended that the blue steel gun found
near the dead senator's body was
Colonel Cooper's. On the other hand
the nun who loaned Senator Car1nack
his revolver. Major Vertres, has sworn
that the weapon was blue steel. This
Is only one Of the many apparently
irreconcllable contradictions in the
case.
General Garner pressed tho witness
closely on this point and finally COM
pletely upset him.
1T was a bright steel, you are
sure?"
"Well. maybe II Yves dark"
$50 Its a dark pistol now. yet q
moment ago you said It was bright
one. Now, which is rlght?"
SWELL maybe It vas not veu bright
or dark, inst polished STEEL" @
what colore is p<tlahed steel, Is It
dark OF Hghte" ~
II reckon It ts only polished steel"
The v:tness floundeeed some more
and finally adn,ttte dhe did not Know
what color polished cteel vue o. what
Il locked HE. us
EAT Will BE- recalled that no autopsy
was held on Senator Carnrackb body
after the tragedy. Two physicians cut
ont the two bullets that passed THROUGH
his abdomen, but these bullets were
directly under the skin. No measure
ments wore made: no effort to die
cover the range Of the bullets was at
tempted. EARLY in January. however,
the States attorneys accompanied by
Dr.. Glasgow and one other physician,
went to Columbia and dIsinterred the
body Of the dead senator. The results
Of the autopsy were not made public,
In fact. the first information even tde
defense had OF the affair was when. Il
read the account In the papers.
Perhaps in nothing else Is persist
ency 30 sure 10 win. as in want al
vertls!ng, Sometimes a LITTLE Of
It wIns-sometlmes It takes enough to
really deserve to DO called ''pers!st'
ency." q !, .s5 \
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