The Birmingham age-herald., 1905-03-11
JUD BRAHAM'S CASE CAREFULLY SIFTED Governor Shows Reasons for
 Not Interfering KNEW WRONG FROM RIGHT Plea of Insanity Was Not Clearly Es- abolished and Killing Showed
 All Evidences of First
 Degree Murder.
KNEW WRONG FROM RIGHT

Degree Murder. Montgomery, March 0.-(Special. )-rhe application for clemency of Jsd Braham the negro hanged in Birmingham today for the murder of his sweet heart, has given the governor more research and hard work than any that has ever come to the attention of the gentleman who Is now acting as executive. He spent the better part of two days and nights look ing over the papers, and finally decided | that he could not interfere. Because of the many endorsements of the negro and the overwhelming showing of good character before the crime, the governor seems to have gone out of his way to show why he could not act. The papers contained pleas rom men, women and children, asking that the life of the negro be spared. One little white girl, 3 | years of age wrote the governor to please not let Jud be hung. He had been good to her, and she wanted him to save him ! from being executed
 The law makes it the duty of the gover- nor when he exercises clemency to show why he does so, but he need not do this
 
 discovered, however, that in this case the governor preferred to leave as rec ord with the papers why he oid not com mute the sentence of death to life im- prisonment, and the following was found with the papers before they were laid away by Miss Mamie Offnutt. the record ing secretary:
 Jud Braham.
 This is an application for communication from a sentence of death to imprisonment in the penitentiary for life.
 The evidence in the case both that of eye witnesses and the reported voluntary confessions of the defendant show the killing to be upon the part of the de- ceased without provocation or reason, and upon the part of the defendant without justification or extenuation. All the ele- ments of murder in the first degree were thoroughly established so far as the facts and circumstances of the killing were concerned. The only possible excuse for the killing was irresponsibility on &C., count of insanity. This plea was the de- fense. The only possible justification for a verdict of acquittal would have been the finding of this plea to be true. The only justification of executive interference would be for the same reason. If the man was legally sane, that Is to say was not insane within the legal rule, then the verdict of the jury was right, and the punishment inflicted was just pro vlded that the death sentence is ever | just.
 | The only theory of innocence or exten- | uation being that of insanity, 1t Is appar- | ent that if the defendant was not insane then the executive has no right to in- | terfere If the defendant was insane within the legal rule at the time of the | killing then it is the duty of the execu- | tive not to commute, but to pardon. and of the jury to have acquitted The de- fendant had been lawfully tried by | competent court. The case had been re- viewed by the supreme court and the | finding of the lower court offirmed. There was not new evidence submitted to the executive except as to the character of | the defendant The only evidence at his disposal was that submitted at the trial. | In the opinion of the executive the fol- lowing facts were established at the trial
 Established at Trial. 1 1. Good character up to the killing. 2. That the facts and circumstances of the killing clearly established murder in the first degree 3. That there had not been in his past life, at the time of the killing or subsequent thereto continuous, inter- mittent or other form of insanity de-
 
 mind" speaking legally, or organic dis ease of the brain, speaking medically. But on the contrary that he was unusually | intelligent, and of good moral charaNer and conduct.
 | () That there was evidence which l tended to show mental alteration for about two months before, at the time of and for a short period after the killing. The evidence submitted in rebuttal was not 1tfff fnvf fn afc fndfi- mony entirely. The doubt, therefore. of temporary insanity, was, in the opinion of the executive, established. (5) That if insanity existed at all 1t was moral or emotional insanity" speaking legally, or temporary and functional in- sanity. speaking medically. In the opinion of the executive that official should keep well within the law so far at least as the law prescribes. legal procedure and rule. The following is the law in this state:
 | Only the insanity of actual disease of the mind can be pleaded by the de- fendant. Moral or emotional insanity cannot be pleaded.
 g. One of the following facts existing at the time of the crime must be establish ed: First that the defendant did not know right from wrong; second that he must be under some form of delusion: third. that he has lost the power of controlling his will
 In coming to a conclusion upon all or any of these, "a reasonable doubt of n- sanity does not authorize an acquittal." Section 4938 of the code provides: Every person charged with crime is presumed to be responsible for his acts and the burden of proving that he is irresponsi- ble Is cast upon the accused. The defense Of insanity in all criminal prosecutions shall be clearly proved to the reasona- ble satisfaction of the jury.
 Knew Right From Wrong.
 The evidence in this case, in tho opin- ion of the executive. clearly established without doubt that the defendant knew right from wrong and that there was nc delusion. The only possible question was freedom of the will" While a doubt was raised 1t was not clearly proved to the reasonable satisfaction of the executive.'
 If the law authorized an acquittal upon "a reasonable doubt of insanity" and If the law authorized the plea of "emo- tional or moral insanity, then the con clusion of the executive in this case might have been different. So might also have been the conclusion of the jury. To deliberately set aside the verdict of a jury after examining the same and only testimony as that submitted to the jury, and when the element of mercy does se