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WITNESS SOLD .m COOPER TRIAL Dr. McPheeters Glasgow, Who Per formed Autopsy on Garmack's Dead Body, for the Prosecu tion, Bought by the De fence. Nashville, Tenn., March 1.-The spectacle of counsel on one side not only selling a witness to the opposi tion, bat nagging over tie terms was one of the elevating and extraordi nary incidents today in tihe trial of Col. D. C. and Robin Cooper and John D. Sharpe, for the slaying of former United States Senator E. W. Carmack. The subject of the com mercial transaction was Dr. McPheet ers Glasgow, one of the most eminent surgeons of the State, who had been employed by the prosecution to go to Columbia and perform an autopsy on Senator Carmack's body. He did sz and reported his findings to the pro secutors. He was subpoenaed by the State, but was not used. The defence learn ed of the autopsy and summoned the doctor. Now Dr. Glasgow is a very ethical man. He told counsel for the defence that i*s services as an expert had been retained by the State, and that he would not discuss the autopsy, except with the attorney general. The de fence asked the court this morning to instruct the doctor to talk to its eoun sel. The court complied partially by telling the doctor that it would be proper for him to talk with the de fendant's attorneys if he had any in formation that would throw light on the killing. The State objected and the doctor stood firm. The State suggested that the de fence swear the doctor and put him on the stand. The defence resented the sugges tion and declared it would put no wit ness on the stand without knowing to what he would testify. Then the State's counsel made this astounding proposition: That if the defence would pay the State the costs of the autopsy, includ ing Dr. Glasgow's fee, the State woUld waive its rights. The defence finally "bought the goods in the bag," and Dr. Glasgow became their witness. The significance of Dr. Glasgow's testimony -was 'that any one of the three wou-nds was necessarily and in stantly fatal and that if the senator did no>t fire the first shots he could not have fired at all. The .only other sensational witness of th', day was S. J. Binning, who claimed to have seen Senator Car mack fingering hiis revolver and test ing the cylinder a few minutes before the shooting began. He was badly confused on cross-examination, how ever, and contradicted himself on many important points. X-Ray Bxpert Testifies. The defence called Dr. G. B. Ed wards as .the first witness. He made an X-ray photograph of Robin Coop er's shoulder. The doctuar was c-alled upon to qualify as an expert by tell ing what an X-ray was. He did so in seien'tifie terms, to the great disgust of the--jury, which is not above the ordi nary in intelligence. He produced an X-ray photograph of Robin's should er, disclosing no bullet. On cross-examination Dr. Edwards said he 'was of the bellief, from the scar on Robin's shoulder, that the bullet never entered the body but merely ploughed through the flesh. Mr. McPheeters Glasgow was then called by the defence. Describing 'the wounds on Senator Carmaek 's body he said: "Tibere was one wound two inches below the left nipple and one inch to the inside. The ballet passed through the heart. Four and one-half inehes below the right nipple and one inch outside was a 'wound, from which a builet had been taken. An inch from the left median line of the neck was another wound, which was black. T'i-e ot:hers were clean. The bullet camre out of bihe mouth, two teeth being loosened and held by the lips only. The State treserved the right to cross-examine. William Kenney, a travelling sales man, the next witness, heard the -shots. Two came together and were loud. he said. Then there was an in terval, and1 three shots came rapmai. Revolver Identified. R. H. Wright, a mine promoter, identified the automatic gun tLaat Robin Cooper used. He said he car ried i-t when at the mines and loaaed it to Robin 's uncle, Robin Jones, whc borro'wed it for the boy. He sal3 he identified the weapon now by genoral appearance. The State still contecnds that this gun is the property of ex Sheriff John D. S'harp. Dr. L. L. Carpenter testified :hat Onl Saturdlay he too)k two revolvex the automa.tie and one similar to the~ one Carma-k is said to have ad and experimented as to the louid1ne5 of their reports. "At fifty feet the- differen~e ir he sond 'was apparent, but not m ' e sid. Tihe la,rger .revolver made more noise, .while the automatic was not So loud, but made nime- of a sharp crack. "At 100 feet the detection of the difference in tle sound was easier. The furthe I got away from the re volvers the easier it wa to distinguish Vetween reports )up to 128 fe,?t, which was as far as I stood." Judge Ande-rson said they wanted to use tihe pistols in the case. "hut it was deemed best not to shoot what is known as the Carmack pistol again. ' Henry Chadwell. steward of t.he county asylum, corroborated Dr. Car penter 's testimony. I. T. Rhea, a grain dealer, testi fied that Attorney James Bradford was accustomed to answer the 'phone himself. Miss Lee had testified that Bradford never did this until tihe af ternoon of t'he tragedy -thus implying that a telephone meissage was ex pected. Paul Davis. secretary of a land company of which Bradford is p, e:i dent, and whose offices are next to the latter's, testified to the same eff-1t. "Did you not -tell Miss Lee. w1ren getting the jury," he was asked, "that you would swear to a lie to get on?' 1"I did not." S. J. Binning Testifies. The defence called S. J. B:-uiing. He said that just before the _h:>oting he was walking on 7th avenu. "When I got near the alley,' said Binning," I paused to light i pipe, and as I did so Senator Carmack passed me. I s6arted across the street behind the senator and he did not seem to see me. Ss I passed over he put his iright hand in ibis poc'Ket wid raised a revolver' out of -i(s .vereoat pocket, his right thumb na th -yoin der, and moved tle eyh,de:i ar-ound At the same time he pulic. a. a er out of the coat pocket waii V if hand." "lhen what?" "I walked on and in -a c.v -niiutes I heard two shots. I looked around, as I had passed Senator Carmaek. I saw the senator standin; in the street. " "What did you do?;' "I kept a-going. I to,)' onelook and never looked arou:-- nair. heard two or three shot, in a :Uina ute.' . On eross-examination Binning said ,he had been in Nasi:.'2e a;:]y twice and came here from~ Danville, Il. He has lived here two y-ears this last time. Just at pre'senz he is out of a job, but until recently had wor ed for the street railway. "You know it was a paa xou saw Senator Carmack raise from his pock "Yes, I know it was. "Bright or da'rk pistol i' "A 'shiny nickel pistol." Causes Sensationi. This was a decided seas'sion: for he revolver said to be b,enato:- Car mack's is blued steel, wn:ie th'e .:ne taken from Col. Cocioer was ni;:kel plated. The State has aisa.ie (on tended that the blued steel guAn found near the der d senator's body was ol. Cooper's On the ouier hand, Major Vertre:ss has sworn that hi loaned Carmack a blued -Ltcl revo' ver. Gen. GOjrner pressed tne witness closely on this point and finally co;m pletely upset him. The witness said: "May be it was polished stecL'' and finally admitted 'he did not kw>w~ what polished steel looked like. ''You did not see any one eisc end heard no remarks until you hear.. the shoots?" "No, I did not.'' Witness said, however, that lie sa'v a negro about the time he fi"st saw the pistol in Carmack's pocket. "What didi you see when you look ed around?" "I saw people moving about pro misuously, a woman jumping to wards the fence and a young man with his hand against one of the pol "Senator Carmack's right side was toward von?'' '"Yes, sir; it was.'' ''Did he have a revolver in his hand?" "I did not see it." Didn't' See Carmack Have Pistol. "'Carmack wals standing in the street and did not have a rev-olver in his hand after tihe two shots?"' "I did not see it, I said." Witness said there were two shots, then three followed inl quick succes Gaaner next took a plat of t-he scene and 'had thre witness point out where he was when he saw Senator Carmack testing the cylinder of his revolver; where he was when he heard tihe shots fired and where Car mack and the others stood when he took that one look over his shoulder. "Did vou speak to the negro?" "'He asked me what it w\as. and I said, Senator Carmnack must .be in some shooting trouble over a woman: I saw a woman there. The negro said a es did noknw any one. I walked Wn. inised tle mian I. wanted to see at t:he capitol and went home.' You never inquired who wa.s shot, W:a was hurt or who the woman at the sllootiUm WIas9 "No. sir: I did not know un1til the next day, when my daughter read it. The State desisted after a few morre (lestions as to the location of the prinicipcals. It was nea-lY 5 p. Iml. t.hen. S Judge lart. ordered court adjourn ed until 9 a. mll. tolorro(1w. DEFENCE COOPER CASE RESTS. Technical Testimony Predominated Another Expert Surgeon Testifies. Nashivile, Tenn., March 2.-The de fence rested its case in chief today in the trial of Col. D. B. Cooper, Robin J. Cooper and John D. Shairp, for the slaying of former United States Sen ator E. W. Carmaek, reserving the right, however, to introduce new wit nesses on any new issue whieh miglht develop. A moment later Attorney General MeCarn, for tihe State asked ,an adjournment to 9 a. in. Thursday, in order that absent witnesses might be brought on, vhich request was granted. The testimony today was very tech nical. Dr. Glasgow was recalled to describe again the wounds of Senator Carmack's body. Dr. Duncan Eve was then called to say whether or not the wounds described by Dr. Glasgow would -h.ae been instantly fatal. He said they would. Adjt. Gen. Tully Brown, wiho at tended the conference in Judge Brad ford'.s office au hour before the shoot ing desribed what took place there, a.4 did Judge Bradford himself. Gen. Browin was not cross-examined, but the State did not let Judge Bradford e:-ape. The prosecution concei trat Hd its fire upon the part ie played in preparing the famous statement for te press 'the night of tihe killing. Judge Bradford said he was at the police station that night, saw W. J. Ewing, editor of the American there with a stenographer, ind heard sever al men givin-- info.rmation. He de clared. however. that the only pa.rt e took in the affair was to write out in long :hand all the facts in the ease of which he had a. personal knowl edge. This memoranda he gave to Ewing for use in the press. Later he pe are. brief. which contained tihe theory of tihe counsel for defence as to ho>w the shooting occurred. He claimed he always was friendly to Carmack and denied that he was wait ing at 'the telephone t.hat afternooni for a message to come telling of Sen atoi- Carmack 's murder. The first wit.ness today, Dr. R. L. Thompson, testified that Carmack en tered his drug store for a soft drink ad a .eigar about five minutes befo.re the Ahooting ocecurred. The State did not .eross-examinle. William Setter, an expert on fire arms, testified that th~e bullets of the Colt's antomatic revolver were nlot steel ja.eketed, but were covered with copper and then with some hard com position. On erossexamin1ation -he was asked whether the cylinder of a Smith & Wesson 'revolver can be turn ed by the finger without. pulling the trigger? "Some can, some cannot," he said. He examined Senator Carmack 's re vlver and said it could be turned on l by pulling the trigger. This flatly contradits the tes'imony of S. J. Bin ning, w~h.o yesterday swore that lie saw Senatoir Car'mack testing his re volver a few minutes before the t.rage dy by whirli'ng the gylinder with inm finger. W. S. Morgan? testifiesl that he met Mrs. Eas"tma.n immediately after mhe shooting..and t.hat she was hysterical. He said Mrs. Eastman did not tell hien that Col. Cooper said to Carmack "now 'we have the drop on you.'' On cross-examination Morgan said: "Mrs. Eastman was crying and g':abbed the lapels of my coat. She said that Senato-r Carmack jumped in front of her and tha.t Col. Cooper then said: "That is like .a dastardly cow ard. hiding behind -a wvoman.'" He said Mrs. Eastman give him tile impression that Col. Cooper had shot Senator (7armaek without givinlg hlim a cfance. Morgan heard only three shots. Dr. Duncan Eve, in describing Sen ator Carmack 's wvound, said: "If the first wound described-the nie in tihe left side-did no-t kill .him at once and fell him instantly, he wuld be~ prWotrated( at onee by the shok and wvould soon die.'' The second wound, also through the side, the doetor said, was mortal. The third, a~ wound through the spinal cord near tihe base of the skull, he described as "the most fatal wound a man could receive.'' "If a man receiv~ed this wound, "All reflexes would he absent, and he would fall dead instantly." Dr Eve described now lie removed 26 rains of pode fro:n R'obin Coop e.'s face nud neck. If thle wound in Robin's .loulder had gone hlalf an inch - dep a e sa it would have I)(.-, hial. The State reserved tihe right to cross-examine. State Adjutant General Tulley Brown Was then called. He was for merly United States district attorney. He described how Col. Cooper agreed not to send the note to Carmack. He said that after Col. Cooper and Robin left the office lie reiained and discuss ed Italian literature with Mr. Brad ford. "We were talking." lie said. "when the 'phone rang. Bradford answered. I saw his face grow white, and he said: 'My God.' I asked him what it was. and he said Senator Car mack had shot Robin, and Robin had killed Carmack." J. C. Bradford, Robin 's law part ner. was the next witness. 'He and Col. Cooper married sisters. He told how Governor Patterson 'phoned for him -tihe morning of the tragedy. He said that he took the note Cooper had written and "agreed to send a friend to see Senator Ca-rmack-to send Col. Shook. a elose f riend of both of us to urge a pea:eful settlement.'' "What became of the note?" "I do not know, it is missing." A copy of the note as published in the American was admitted as evi dence. As to answering Col. Cooper's call on the 'phone, Bradford testified that he was acecustomed to~ answering the 'phone. "Senator Carmack came to my of fice frequently, as I was one of his supporters," said Bradford. "He paid frequent social calls, and Robin met and talked to him often." Bradford said on cross-examination that he was counsel for the Nashville Ameriean and a stockholder in the paper. Several questions were asked about a statement for the press alleged to ,have been given to Mr. Ewing, editor of the American, and sent to the As socited Press. Bradford said he dictated no sueh statement, but that Ewing got some falcts from him. "Didn't you s'ay when discussing the effect of >the shooting on Robin Cooper's future that it would not af fett him and that you would take him on your arm and cairry him through it?" "I certainly believed in the boy's innocence, and probably said I would take lhim on my arm -and carry him through. Whether I said it or not, I propose 'to do it." Attorney General McCarn reverted again to thre composite statement pre pared at the police station foer th,e press the night of the tragedy, but the witness denied having any ,part in it outside of his own contribution of suchact as (he knew personally. "Didn't vou instead of trying to keep Col.. Cooper from sending that note, 'tell several men you were go ing to deliver it to Carmack in person for the -colonel?'' "'I never did.'' In order to save time the State and defence agreed upon a statement of facts as to the plat of the vicinity of the crime, the distances and measure ments. Albert E. Hill was called to corro borate. a single point in the evidence yesterday of J. Benning as to where the latter had seen Carmack the last time before the killing. 'lhe attorneys for the defence then conferred for nearly a.n hour, after which they Tested their case and then came -adjournment. -A styp to-dyni. Has cured itch magically for others in Newberry and will cure for you. For sale at. 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