The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
EXPERTS DISAGREE
IN CH|SOLM CASE
Cannot Account for Defendants
Loss Of Memory
FIT TO STAND HIS TRIAL
Judge Jones Asks a Plain Question
and Wants Plain Answer-cap.
tain White Tests Or.
Nabers' Memory.
FIT TO STAND HIS TRIAL

case of Alexander R. Chisolm who is on
trial in the federal court becomes greater
every day.
The trial began week ago from yes
terday when the defendant entered a
plea of not guilty to a series of in
dictments charging him with embezzling
certain sums of money while acting In
the capacity of paying teller in the First
National bank of Birmingham.
During the course of the trial, and be-
fore the government had concluded the
examination of the witnesses for the
prosecution, Capt Frank S. White, coun-
sci for the defendant, suggested to the
court that the mental condition of the
defendant had become impaired to the
extent of preventing him from making
rational defense.
Acting upon the suggestion of defend
ants counsel, Judge Jones suspended the
trial while an investigation was being
made into the defendants mental condi-
ton, upon the ground that the law will
not compel a person to undergo a trial
If he is not capable of intelligently I'M
derstanding the proceedings, and of
making a rational defense.
The new turn in the trial aroused great
interest and has been the means of
bringing a considerable number of people
to court every day to hear the pro-
ceedings. Among those present yesterday
were Chief Justice Samuel d. Weakly,
of the supreme court of Alabama. and
Judge A. A. Coleman of the circuit court
of Jefferson county. Judge Jones invited
Judge Coleman to a seat on the bench.
The hearing of medical expert testimony
engaged the attention Of the court dur
ing the day. Quite difference of opinion
existed among the witnesses upon the
question of the defendants mental condl-
ton, DR.. Frank Nabers going to the
extent of saying that he believed the
defendant was not sincere In his words
and acts and that he was merely putting
on appearances.
Twice during the examination of the
witnesses Judge Jones addressed ques-
tons to them which struck at the root
of the whole matter II want to know"
said the judge to DIR. Morris, whether
in your opinion, from all your knowledge
and observation of the defendant, he is
capable of giving testimony in this case?'
The witness said he did not think him
capable. A somewhat similar question
was asked by the court during the ex-
animation of DIR. Nabers and the wit
ness said he saw no reason why the de-
PENDANT was not mentally capable of
being put on trial.
Resuming the examination of witnesses
yesterday morning In the case of the
United States VS.. Alexander Chisolm, on
trial in the federal court the government
put DIR. c. II. Clarke on the stand to
explain the nature of monomania, as re-
ferred to on the previous day.
Or. c. H. Clarke.
The witness stated that monomana was
a name originally given to a certain
form of insanity, but that the name
had been abandoned for one that more
correctly expressed the nature of the
disease The word "paranola," the wit
ness said, is now employed and that it
means NEAR sanity" The witness went
over the same ground as he had covered
the previous day on that subject.
In answer to cross-examination by
Captain White, the witness related the
interview he had with the defendants
father. Witness said that Colonel CHS
ohm had told him that he did not see
very much of his son, as he used to
be away from home, but that Mrs. CHS
ohm had remarked her sons condition
last March and was troubled about it.
The witness also told of interviews he
had with the bank officials and that they
did not tell him Of having remarked any
change in Chisolm's manner or conduct.
Or. Lewis C. Morris.
DIR. Lewis C. Morris testified that he
was practicing physician in Brming-
ham since 1892; that he met Chisolm for
the first time last week and made a ply
steal examination of the defendant and
found no organic trouble, but that in his
conversation he showed symptoms of la
in regard to the manipulation of cotton
and Louisville and Nashville stock, and
that he said he was possessed of GER
tain knowledge by which he could make
vast sums of money. Witness said the
impression Chisolm made on him was that
he had delusion that he possessed more
knowledge Of the cotton market than
anybody in the world. The witness said
that Chisolm did not show any disorder
of the brain and that in his opinion the
defendant did not suffer from paresis, but
there might have been a functional dis
order. Witness further said that he based
his opinion upon Chisolm's own state
,nents. that II he were to omit his refer-
ences to cotton there was nothing to
indicate that anything was wrong with
him.
Judge Jones: I'm your opinion, doctor,
has the defendant such mental capacity
as would make 1t fair and just to put
him on trial?
Witness: He has not?"
Continuing, the witness said that per-
sons affected with grandioso delustong
were not disposed to conceal them, but
on the contrary would boast of them, |
but that the knowledge that he had used |
funds unawfully would induce him to |
suppress and conceal his grandiose delu- |
sions.
The court took short recess at 1880, |
while DIR. Nabers was being sent for.
Or. Frank E. Nabers.
DR.. Frank r. Nabers testified that he |
was a practlcing physician in Brming |
ham; that he had attended the Univer- |
sity of Virginia and Yale. had attended |
John Hopkins hospital in Baltimore and |
the City OF London hospital In London |
for ona wear He said he knew ChiSolm