The Montgomery advertiser., 1907-03-21

''We are trying a man who Is ir- sane, while under the law he is sane. He is a paranoiac, and while he is fn- sane. he is not insane in the eyes or the law, for strictly speaking. ne knows the nature and quality of ms acts. nnder exactly similar circumstances. The appeilate court said tEat he was insane, but he was paranoiac, ana while his act~ was committed as the result of delusion, this delusion was not such as would have made his act iustihable had been true. It was one of the most gruesome acts the law mas ever done. District Attorney Jerome, T can show that this man is incapable of advising his counsel as he sits here in court. will ufesent facts which will prevent this trial from going further.
 Tn view of the statement made ny the district attorney" said Justice Fitzgerald, ''I now ask that be given al1 the information in the possession of either counsel -all the evidence as to tha defendants present state of mind which can be presented to the court. do this before instituting the proceed fngs understand have been asked for.
 Mir. Deimas wanted to know if 6 commisslon Tn luhacy was ""uea cussion.
 "The court" replied Justice FTts- gerald, "is asked to hear testimony while the jury is out of the room and then to determine its course.
 suffering from ParanOiH.
 "AIl of my own experts. Dr. Binga- man. the family physician and pr. Dee mer. the physician to the Copiey fam. fly, have informed me-" said District Attorney Jerome, that this man is suffering from paranoia. This paran-. oia Is characterized by systematized de@ Iusions. While suffering from one of these insane delusions. this man shot and killed Stanford White"
 Did your own experts tell you that?" inquired Justice Fitzgerald of District Attorney Jerome.
 .aThey certainly did" he replied. ''but from the record of the case I was pre- vented from bringing this out. I was bound down to a hypothetical question and my witnesses testified only as to hypothetical questions. There is he- redity in this man which he cannot avoid.
 Mfr. DeImas again arose and inquired if commission in lunacy had been
 T so understand It," said Justice Fitzgerald. If the court shall So de- eide"
 We are prepared 10 comDdL that dp- pIication," said Mir De.mas.
 "I have made no formal appliea- tion," explained Mir. Jerome. T sub- init to your honor the fact as he sits there, the defendant is incapable of directing his defense. leave the matter entirely to the court"
 Mir Delmas declared Mir. Jerome's charges were entirely unsupported.
 The District Attorneys remarks were made under his oath of of1ce." said Justice Fitzgerald with some dis play of feeling.
 ApeaEed to Conscience.
 He has apealed to my conscience and I now demand the production of all the evidence which any of counsel may pos sess
 Mir. Delmas said he understood MT. Jerome to imply unprofessional con duct on the part of the defense in sup pressing testimony
 There was an implication of miscon- duct" said Justice Fitzgerald
 'I heard of 1t today for the first time." said Mir. Delmas.
 MT. Gleason here asked to be heard In behalf of the defense.
 T desire to say" said MT. Gleason, that when this case began attempted 10 introduce evidence on the very point which the District Attorney now de- mands. but 1t was ruled out on his own objections.
 T remember" said Justice Fitzger- ald. ruling out such testimony on the ground that 1t was in relation to col lateral lines."
 we have msds a perfect defense