The Birmingham age-herald., 1906-11-20
Jury Listened AttentiVely to
 Judge Jones' Charge
IS CHISOLM SANE NOW ?
Interesting Case Carefully Reviewed In Judges Charge-Jury Must Leave Out All Prejudice and
 Passion.

dition of Alexander R. Chisolm, the former paying teller of the First National bankA of Birmingham, who is charged with embedding funds of the bank, was resumed yesterday morning in the federal court before Judge Thomas G. Jones and jury.
 The witnesses introduced by the gov ernment were examined upon the conduct and manner of the defendant before and since August last. All of them testified they had never seen anything in his man. ner or heard him say anything that would cause them to think he was insane. Di. Clarke was called to testify to the effects of fever upon a persons mind after re- covery from the fever.
 The testimony was closed shortly after the court convened in the afternoon and Judge Jones delivered q lengthy charge to the jury in which he pointed out the nature of the inquiry they were engaged l in and what the law on the subject was l At the conclusion of the judges charge the arguments were begun by Attorney John London for the defense. He will be fololwed by Attorney Lee Bradley, who will begin this morning when court con venes at 10 clock.
 At 1O:9O yesterday morning the federal | court convened. As soon as Judge JoneS took his seat United States Assistant Dis | trlct Attorney N. l.. Steele rose to make a motion for the admission of Graham D. | Purdue to practice in the United states court The motion was granted and Mir Purdue was duly sworn.
 1 In the Chisolm case the government be- gan by putting A, s. Morton on the Wit 1 ness stand. who testified that he was paymaster for the Tennessee Coal, Iron and Railroad company, and that he knew Alexander Chsom; that he had trans acted business with him in bank about l fifteen times a month for a year or more | that he had no social relations with Chis- olm. Witness said that Chisolm was cf- fcient and prompt in hls duties and that he had never seen anything unnatural in his conduct, and that in witness opln- ion he was absolutely a sane man. On cross-examnaton the witness said he had never discussed general propos- tions with him and was not socially inti- |
 mate with him.
 ]. T. Dixon, paymaster for the Repub-
 lie Iron and Steel company, testified
 along the same lines as Morton, as did
 also C. r. Rainbow, M. l.. ;Satterfield
 and F. NJ. Sinclair.
 II. G. Ashley testified that he was
 chief deputy marshall and that Chisolnl
 asked to be brought by another street
 on his way to court so as to avoid meet
 ing people.
 Attorney William Walker testified that
 he was d director of the First National bank; that he met Chisolm in Atlantic l City in August last and talked to him and did not see anything unnatural in l his manner or words.
 R. B. Watts said he was United
 States commissioner; that Chisolm had testified before him in the cases against l w. L. Sims and P. G. Smith; that Chis- olm was on the witness stand and made
 q lengthy statement; that he did not notice anything peculiar about him except that he appeared a bit nervous. 1 At this stage the court took recess | until O clock.
 l Afternoon Session.
 Walker Percy was examined about the
 mental condition of Chsom as it ap- 1 peared to be on occasion of his visits 1 to the defendant in the county jail and
 when seen at other places. Witness said
 he did not discover anything unnatural 1 in his manner or worlds that Chisolm | expressed the most profound regret for his acts especially on account of hs
 parents. Witness said he discussed Chis-
 olm's future with him; that he told
 him to brace up and start the world
 again. Witness said he had talk with
 John Chisolm, spoke about making bond
 for Alex and that John said that Alex
 was guilty and ought to be punished.
 On cross-examination the witness said
 he was interested in the case, that he
 took deep interest in it, but did not
 take any action in the prosecution.
 The government announced the case
 was closed on it's side
 1 Attorney John London went on the
 witness stand to tell about his connec-
 tion with the case, and that he had only
 discovered, during the trial. that Chis-
 olns mental condition was impaired. | capt ldlih W llAC ilif'ht d oldbN
 ment to the effect that il was during the | trial he learned that chisolms mental l condition was such that 1t would pre-
 vent him making a rational defense ill his own behalf, and that when he was l informed of that fact he took the only | course open to him and asked for the | inquiry that was now being conducted | Both sides having announced that al the testimony was in, Judge Jones de
 Judge Jones' Charge. Gentlemen of the Jury.
 | You understand, from what was said d l the beginning of this investigation tha l the inquiry as to the prisoners prcsen | mental condition in no way involves an, 1 decision as to his guilt or innocence o l the charge upon which he is indicted, oi 1 his sanity at the time the offense is all l legged to have been committed. He i. neither convicted nor acquitted by any | finding you make on this issue. The only | question which the court submits to yoL | is whether the prisoner, a this time, is l possessed of sufficient mental power, and l has such understanding of his situation | such coherency of ideas, control of his l mental faculties and requisite power oi l memory, as will enable him to properly | and ntelligently aid counsel In making g rational defense. Upon such an issue | neither the government nor the prisoner 1 is entitled, as a matter of right, to d trial | by jury, noE can either of them revise 1 the decision of the court thereon. | In an inq,kry arising as this, 1t rests | entirely within the conscience and discre- I ton of the court how such an issue shall | be determined the lines upon which T. l ,,,I tna nat n