The Montgomery advertiser., 1906-12-07
Will Claim Emotional
 Insanity.
LAW FIGURES
Dr. Butler Alleged to Have Reflect
 cd on Character.
Bitter Fractional Feeling Ta Exhibited at Hnziehurat and More Trsubte Between Parties Would Not
 Be Surprising.

Hazlehurst, Miss, Dec. 6.--Mrs. An gie Birdsong's defense for shooting and killing Dr. Thomas Butler will be- emotional insanity.
 Her lawyers will attempt to prove that sufficient cause for such insanity existed in aspersiuns alleged to have been cast upon the young defendantA character by the man she killed. Soon after the taking of testimony had be- gun today counsel for the defense went straight to the main issue, the ques- ton whether the so-called unwrttten law justified Mrs. Birdsong's act, and they secured strong position in theiv clients favor through the courts rui- ing
 This ruling was asked by the de- fense in cross examination whether pr. Butler had ever told him of hts relations with Mrs. Birdsong. Tha jury was sent from the room and q sharp debate began upon the admtssi- bility of this evidence. The prosecu- ton argued that the physieian's state- ments could be no justification for hia murder.
 Judge D. M Miller. presiding over the case, ruled first, that 1t would be admissible to show the condition ok Mrs Birdsong's mind when she killed the physician, and, second, that such of Dr. Buffers statements about her character as reached her ears will hq admitted as evidence bearing upon heF
 mental couuitlOn. JuuBe Mlltefs n9WS ever. declared that he Will require o1 the defense evidence to prove that each of the statements admitted were re~ peated to the defendant.
 The remarks about Mrs. Birdsona
 were based on notes alleged 10 have
 been written by her to Dr. Butler.
 These notes were not introduced as
 evidence today, nearly all the time os
 witnesses being occupied in testimony of several eye-witnesses to portions pf the shooting. Mrs. Birdsong fired sew
 eral shots pursuing Dr. Butler through his residence.
 Mrs. Blrdsong appeared calm and
 self possessed at todays session Her | husband, who has been indicted as an
 accessory, but who Is not on trial. manifested keen concern in the eNenta
 of the day. Prominent persons from many parta- lof the South gathered here for the trial Although the trial has been re- moved by change of venue from Mon-
 ticeIlo, Miss. where both Mrs Bird- song and Dr. Butler lived. yet the pit-
 ter factional feeling and taking of sides with one or the other or the prominent families to which each of tha principals belongs. has followed this | case even after lapse of more than year from the time of the physieians death.
 Unwritten Law Again.
  cording to the facts developed Tn the preliminary hearing of this case, the main issue which will be rougnt over in behalf of Mrs. Birdsong. It was testified at this hearing that Dr. Butter was the cause of disparaging stories in circulation in Monticello about Mrs, Birdsong.
 legal battle royal upon the right of the woman to avenge herself deilD- eratelv is expected, with United States Senator A. J. McLaurin leading the as- fenso and former Governor of Missls- sippI Longino heading the prosecution. To add to the excitement there ars many rumors that personal quarreis which have grown out of the untorta- nate shooting are likely to be settleu during the progress of the trial. There are about sixty witnesses ana if is expected that the case will con sume all of this week and pefhapS 'no greater part of the next. ,, The first witness was w. w vii Hams of Monticello, who testihed thap ! he saw Mrs. Birdsong ire three shota at Dr. Butler after two shots had been | 0red in the Butler ofFice He said that | after hearing the first two shots ne | saw pr. Butler run out of his once | closely followed by Mrs Birdsons' Who | fired one shot accidentally ana tneh | three deliberately at the spot "hvto
 the doctor had fallen. . .s Witness was asked by the defense IT l Butler did not have a reputation Tor | Iooseness of morals, but objection was | made by the State and sustained | Witness said Dr. Butler had never | told him he had had improper relations | with Mrs. Birdsong, but that It was ms | fIViIIiamsD son who had previously 1 testified to that statement.