The Montgomery advertiser., 1904-04-08
Advertiser Bureau. Selma April I.


 Not guilty by reason of insanity ,' is the verdict rendered by the jury after deliberating for twenty minutes on the case of George W. Cole man. charged with the murder of D. A. Calvin in September. 1903.
 Judge John Moore of the Circuit Court. before whom the case was tried, ordered that Coleman be committed to jail until an inquiry into the condition of Cole mans mental condition can be made and tomorrow the constitutionality of the statute under which Judge Moore acted will be argued.
 The statute requires that the judge be- fore whom defendant is acquitted shall make an inquiry into the lunacy or san- ity of the defendant. but fails to give the judge the proper authority and the judiciary machinery to do so.
 The climax of the trial this morning was of thrilling interest and an unusu- ally large number of spectators had gathered in the court room to hear Judge Moore's charge to the jury. His honor's address to the jurors was com prehensive and impressive, and at times eloquent. He spoke for over an hour. and after he concluded the court room remained hushed and still except for a little murmer from court officials. In less than twenty minutes after the jurors had retired a bailiff was summon ed to the door of the jurors room, and the court was advised that a verdict had been reached. They filed into court and Foreman H. V. Weeden gave to Clerk Theo Lacy the verdict. Not gull ty by reason of insanity"
 This verdict was reached on the first ballot.
 Judge Moore ordered that Coleman be committed to jail. pending a writ of de lunatico inquirendo. His authority to commit Coleman anC to try him for lun- acy is challenged by the defendant s counsel, and tomorrow morning the question will be argued before Judge Moore.
 The statute under which the court act ed provides that where a defendant is acquitted by a jury with the verdict Not guilty by reason of insanity" the trial judge shall commit the defendant to jail. let issue writ of de lunatco in- quirendo
 Coleman's attorneys deny that the statute Is constitutional They argue that his acquittal to-day releases him from further custody, and that the State has no warrant, no writ, no in- strument of any sort or kind, whereby after he has been duly tried and found not guilty. he may be retained in the guarolanSnlp Of the law. His acquittal to-day Is on the ground that when he committed the murder in September, 1903, he was insane, and this is no evil dence of his insanity to-day. Again, Judge Moore's competency. in the legal sense. to try case of lunacy Is denied by the defendants counsel. A writ de lunatico inquirendo cannot, they claim, properly issue from the Circuit Court, and this courts Jurisdiction in the mat ter is held to be unconstitutional.
 George w. Coleman killed David A. Calvin early on the morning of Septem- Der 8. 1903. Conceallng himself in the rank growth of weeds on the old Roun- tree lot on Union street. he lay in wait until Calvin came Then Coleman, armed with shot gun. fired twice upon his victim who fell to the ground. Cole man reloaded his gun and fired again.
 Reports that illicit sexual relations be- tween Calvin and Coleman's wife are said to have caused the shooting. Mrs. Cole man had lived with MT. and Mrs Calvin for some time because. 1t is said, Coleman mistreated her The defense averred that Calvin allenated Mrs. Coleman's af- .fections and was criminally intimate with her. The prosecution introduced evi- denee tending to show that there was no improper relations between the two. The trial began Monday morning and was a closed incident at 10 o'clock today.