The Birmingham age-herald., 1906-11-15
CH|SOLM| IS ALLEGED ID BE INSANE NOW Trial Suspended While Subject
 is Investigated INSANITY NDCOMM0NL LAW Chmisolm's Present Mental Condition Will Govern Action of the Court.
 Case May Be Postponed
 Pending Recovery.

The case of the United States vs. Alex ander R. Chisolm, former teller of the First National bank, took sudden and unexpected turn yesterday morning im- mediately upon Judge Jones taking his seat on the bench.
 Capt. Frank S. White rose and ad- dressed the court to the effect that in his opinion, and to the best of his belief, condition to proceed with the trial He stated that he would have made that an- nc ncuncement sooner if he had had definite information on the subject, but that now he was in a position to offer proof of the defendants mental condition being such as would render him incapable of making a defense.
 United States District Attorney Roulhac replied to Captain White by saying that he would not be considered as making any admission upon the subject by agreeing to postpone the trial until an investigation was made and the question of the defend- ants mental condition decided.
 Judge Jones said it was matter for the court to decide in it's own discretion. The court could either act upon it's own knowledge gained from observation or from the testimony of experts. The judge said that in this case he was not pre- pared to take any action based upon his own knowledge, nor was he prepared to say what action he would take, but that the court would take a recess until this morning at 10 o'clock, at which time he would render a decision.
 The Question of Insanity.
 In the course of an interview with Judge Jones he said that the cement made by Captain White was not plea that Chisolm was insane at the time it is al legged the defalcations occurred in the First National bank, with which Chisolm is charged, as under the plea Of mot guilty it would have been permissible to introduce testimony to prove Chisolm s insanity at that time, and no special plea to that effect was necessary; that the question which arises under Captain Whites statement in court is the ques- ton of Chisolm's present mental condi- ticn; that under the common law no in-
  charge, as he would be considered unable to make a defense while his insanity lasted.
 Judge Jones said that when the ques- ton of a defendants mental condition was brought before the court, not what it was at the time of the commission of the offense, but at the time Of trial, that the court could either decide the question from it's own observation or hear the testimony of witnesses and decide, or empanel special jury and have it to decide the question upon the testimony of witnesses Judge Jones did not inti- mate what course he would take in this particular instance as he said he would be governed by the reports which would be made to him this morning. He said that if he decided that Chisolm was now insane or if a jury so decided Chis- olm would be sent to an asylum and detained there until he recovered, after which he would be put on trial again.
 Chisom in Court.
 Among spectators in court much com ment has been made upon Chisolm's ap- pearance and manner since the trial be- gan. From the tune ne enters tne court until he leaves, he hardly moves a mus cle, quietly sitting beside his father and not seeming to take the least interest in the trial. He has worn, vacant look about him, and seems rather to act me- chanically than purposely. His confine- ment in jail has seriously told upon him and he looks considerably thinner than when arrested.
 The court will meet this morning at 10