The Birmingham age-herald., 1903-04-24
PARRISH CASE NOW
 IN HANDS 0F JURY Unable to Agree at 9 p. m.
 the Jury Retired
 JUDGES LENGTHY CHARGE Lawyers Regard It as Able and Ex-
JUDGES LENGTHY CHARGE
Lawyers Regard It as Able and Ex- haustive-Those Points Bearing on Insanity In Criminal Cases
 Fully Expounded.

The case of Hollis B. Parrish, charged with shooting and killing George s. Leo nard is now in the hands of the jury. The jury took the case about 10;3O o'clock yesterday morning. At o'clock last night being unable to agree upon verdict, the jurymen retired. The jury is in charge of Deputy sheriff John Bur gin.
 The Parrish case has been on trial be- fore Judge Dan A. Greene since Friday noon of last week. The concluding argu- ments of the attorneys were made before the Jury Wednesday afternoon. The hour was so late when the last speech was finished that Judge Greene adjourned court until yesterday morning, saying he would read his charge to the jury at that time.
 The case had progressed 80 far that nothing remained to be done except for the judge to deliver the charge and for the jury to retire and consider the evil dence as given on the witness stand.
 Lengthy Charge. Judge Greenes charge. read yesterday was a lengthy one covering the law bear ing on cases where insanity pleas are made. The lawyers in the court room remarked that 1t was one of the ablest and most exhaustive charges ever made to a jury in Jefferson county. After be- ing read by the judge 1t was handed to the jurymen for reference while in the jury room.
 | When Judge Greene had finished reading 1t Hugh Morrow, one of the leading | counsel for the defendant, read mum Der of extracts relating to the duties of 1 the jury and pointing out circumstances under which defendants could be ad- judged innocent where Insanity pleas are put forward.
 The jurymen then filed to the apartment used by jurors.
 1 During the afternoon the father ana brothers of the defendant spent most or l the time at the court house. Parrish was taken to the court room at 2:3O o'clock and remained there under guard for sev- eral hours. When it became evident no verdict would be returned during the af- ternoon the prisoner was carried back to the county jail.
 large crowd was In the court room when Judge Greene delivered his charge to the jury The following Is brief svnopsis of a portion relating to the in- sanity plea:
 Synopsis of Judges Charge.
 To excuse from crime on grounds of in- sanity. one of two conditions must exist. First. by reason and in consequence Of mental disease, the defendant must have been insane at the time, so as not to know the difference between right and wrong. or
 Second Even if he did know the diff ference between right and wrong yet was laboring under a delusion the re- suit of mental disease that destroyed his will power, and irresstibly impclled him to do the act
 The court charged in reference to the second condition that a mere delusion although the result of diseased mind. would not excuse unless it was the direct and immediate cause of the killing That a delusion having no reference to or connection with the act of killing would 1 not of itself excupate.
 The most interesting part of the charge was that in reference to drunkenness as an excuse for crime, as one of the forms of insanity, in view of the fact that there 1 was no precedent in this state on this | particular phase of defendants plea.
 On this he charged as well settled law l that drunKenness in and of itself was not an excuse for crime. but could only mitigate, and could not even mitigate unless it was so excessive as to destroy the power to form the intent and enter | tain malice.
 As to Justification. 1 And as to being a justificaeon he said | that no matter how much the reason was dethroned and consciousness des- 1 troyed by drink, if it was merely tenn 1 porary functional disturbance of the brain and not a lesion, 1t would not justify If. l however, such drunkenness had caused lesion of the brain, resulting in insan- | ity, 1t would excuse. The defense con- l tended vigorously that delirium tremens was itself legal insanity, but the court | charged that 1t was not unless there was l lesion of the brain.
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