The Birmingham age-herald., 1906-11-20

IneSe and other rules on tnlS SuDJect are mere guides to enable the jury to gather the truth of the matter about which the witness testifes and are of no further consequence whenever the jury reaches the conclusion that that particu- lar witness has told the truth. In order that the jury might have the fullest op- portunity of testing the witnesses, the court as you may have observed permit ted the counsel to ask many questions, which had a very remote bearing upon the issue of the case
 Concerning Expert Opinions.
 You are not bound by opinions of eX perts. If your common sense. reason, judgment and observation in view of all the evidence, produce the conviction in your mind that the expert is wrong in his conclusions and opinions, you must be governed by your own opinion and not by his. A jury should not capriciously or recklessly disregard the advice of medical men of experience in dealing with dis ease of the human mind, and the advice of physicians as to such matters should be carefully weighed, but the final re- sponsiblity in arriving at a decision as to the mental condition of the prisoner rests upon the jury.
 You have seen the defendant, and heard the testimony. and ! shall not attempt to detail It. Most of the medical wit nesses have spoken of the prisoners de- lusons. which some of them are of opn- ion are real and some say fegned. The trend of the medical testimony seems to coincide that the prisoner has neuras- thenia. One of them gave the opinion that he is suffering from ncipient paresls. The name of the mental disease, if the pris- oner is in fact, suffering from such dis ease is not important. Physicians may disagree as to the diagnosis of disease, ,1t a n 1o wi The real question Is how far the mental impairment of the prisoners mind, If such there be, whatever it is, dsables him. under the rules have already given you. from fairly presenting his defense, whatever it may be. and make 1t unjust to place him on trial at this time.
 Is his mental condition such that 1t is unjust to put him on trial, or is he feglf- ing to be in that condition which if true, renders him unfit to be tried at this time? In the absence of any proof on the subject. the law presumes that eV- cry ordinary being of mature age is re- sponsible in all respects and the gov ernmert in arraigning the defendant for crime is not bound to offer any evidence on this subject. but may rest upon the presumption. When. however. any facts are developed in the evidence which goes to rebut the presumption of responsibility. il becomes then a dt'estion of fact in the particular case. While the force of the presumption of innocence until guilt is found beyond a reasonable doubt has nothing to do with the presumptons which may be indulged on this issue. yet the humanity of the law is such that nc man should be considered a proper sub tect for criminal prosecution. of whose ability to fairly and ratlonaly make j defense there is just ground for reason able doubt in the minds of the judge oi hot
 In shor.. the Inquiry you have to solve is this: Is the mind of the defendant al bar. in view of the instructions I have given you on this point. so far from nor mal and so impaired by disease as woulf make it improper and unjust now to place him on trial for the offense for which he has been arraigned? The form of youi verdict will be: We. the jury find the prisoner at the bar is. or Is not (accorI- ing to the view you take of the evidence) of sufficiently sane mind and in such pos session of bis mental faculties al this time as to be placed on trial. Npon this time as to be placed on trial Upon this government will address you as counsel iors and ministers of justice to aid you in arriving at a just conclusion. The court deemed 1t proper at the outset to out line the general principles which shoull control in making the investigation, ana if. al the end of the argument, any oth- CT observations seem proper to the court il will then make them.
 When Judge Jones concluded his charge the attorneys for the defendant held a short consultation after which Attorney John London began his argument to the Jury. which he concluded at 530
 The court took recess until 10 o'clock this morning, when Attorney Lee Brad ley will open the arguments for the gov ernment.