The Birmingham age-herald., 1906-11-21
United States District Attorney.

was pronounced a very fine piece of foren- sic oratory.
 United States District Attorney. United States District Attorney Roulhac followed MT. Bradley, and spoke for over hahn hour In the course of his argu- ment, Judge Roulhac laid particular force upon the examinations of the doctors. who had tested Chisolm for paresis and the other mental troubles from which he is said to suffer. He drew the jury's atten- ton to Chisolm's sanity when he appeared before the commissioner court, in which he detailed all the circumstances of his transactions with cotton brokers, and also to the testimony of the deputies who had charge of the defendant since his arrest, and who stated they had not seen any thing to make them think the defendant was insane
 At 12:S0 o'clock the court took a recess until o'clock, at which hour it was stat ed Captain Frank P. White would begin his argument for the defense. When court convened a few minutes aft CT o'clock, every seat in the court was filled great many ladies were pres ent, and took considerable interest in counsels argument before the jury.
 For the Defense. Captain White began by referring 10 the judges charge. and said that the ques- ton now before the jury was not the guilt or innocence of the defendant, that the question. and only question, was whether the defendant was then, at that very moment, in a mental condition and fit to stand his trial. "Is he now capable of making fair full and complete de- fense?" asked Captain White. That is the question you have to decide, and the court asks your advice in the matter"
 Counsel told the jury their verdict, de- clarlng the defendant insane, only oper- ated as delay of the proceedings until his sense returned. He said the indigna- tion of the world was aroused over the .Dreyfus trial, because it was held in the absence of the defendant but that the presence of a defendant in court merely in body was not sufficient, that he should be present in mind also.
 Captain White explained to the jury how it came to pass that the trial of Chisolm on the indictments was allowed to reach
 
 tention was drawn to the defendants mental condition. He said that while Chis- olm was in jail the government had brought pr. Searcy from the state instl- tuition at Tuscaloosa to examine him, and that pr. Searcy had written to Dr. Wy man, telling him the result of his exami- nation, and that Dr. Wyman delayed mak- ing known the circumstance to defend ants counsel. but that when counsel learned that Dr. Searcy had pronounced the defendants mental condition impaired the attention of the court was directed to the fact, and the court ordered the in- vestigaton.
 Captain White then reviewed the test- mony of the doctors upon the question of the defendants mental condition. He con trasted the testimony of Dr. Searcy, who, he said, was a man of fourteen years eX- perience in the insane asylum at Tusca- loosa, with Dr. Nabers, the only witness who had positively denied Chisolm's in- sanity.
 Counsel said that MT. Bradley's mind might instinctively turn toward Dr. Clarke, but that his mind turned instinct lively toward pr. Searcy. During the course of his address to the jury, Captain White employed every phase of oratory from the land, clear declara- tons of his love for Alabama, its people and it's institutions down to the almost whispered condolences imparted to the jurors.
 Captain White spoke for two hours, and closed by submitting to the jury, with the approval of the court, a typewriter form of verdict for the foreman to sign according as the jury may decide.
 Form of Verdict.
 The form of verdict will be either, We, the jury, find the prisoner is not of sui ficient sane mind at this time, to pro- ceed with his trial" or"We, the jury, find the prisoner is of sufficiently sane mind, at this time, to proceed with his trial"
 Judge Jones told the jury he had no further instructions to add to those al- ready given. beyond the fact that they should approach the consideration of the question with a determination to do right and justice as their conscience dictated. Court then took a recess until 10 o'clock this morning, when 1t is expected the jury will render Its verdict.