The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-21

There is not a man who has seen this
defendant sitting there at the table who
believes he is capable of advising coun-
sci We are today trying a man who is
insane. while under the law he is sane.
He is a paranoiac and while he is in
sane, he is not insane in the eyes of
the law, for strictly speaking, he knows
the nature and quality of his acts.
"A man named Taylor went to death
under exactly similar circumstances. The
appellate court said that he was insane.
but he was paranoiaef and while his
act was committed as the result Of de-
lusion this delusion was not such as
would have made his act justifabe had
it been true. 1t was one of the most
gruesome acts the law has ever done.
In five minutes time, continued Dis
trict Attorney Jerome, Il can show that
this man IS incapable of advising his
counsel as he sits here in court. | will
present facts which will prevent this trial
from going further.
Delmas' Information.
In view of the statement made by the
district attorney" said Justice Fitzger-
aid, II now ask that 7 be given all the
information in the possession of either
counsel as to the evidence of the defend
ants present state Of mind which can
be presented TO the court. | do this before
have been asked for"
Mr.. Delmas wanted to know if a COM
mission in lunacy was under discussion
THE court" replied Justice Fitzgerald,
lis asked to hear testimony. while the
jury is out Of the room, and then to de-
termine its course"
"All of my own experts, Dr. Bingaman,
the family physician, and DR.. Deemar,
the physician of the Copley family, nave
informed gafI cir Ig-
rome, that this man is suffering from
paranoa. This paranoia is characterized
by systematic delusions. While suffer
ing from one of these insane decisions
this man shot and killed Stanford White
Did your own experts tell you that?'
inquired Justice Fitzgerald of District At
torney jerome.
"They certainly did" he replied, but
from Abe record of the case | was pre-
vented from bringing this out. | was
bound down to Hypothetical question
and my witnesses testified only as to the
hypothetical question. There is hered-
ity in this man which he cannot avoid. y
Mr.. Delmas again arose and inquired If
a commission in lunacy had been applied
for
Combat Lunacy Commission.
Il so understand it," said Justice Fitz-
gerald, IF the court shall SO decide
I'VE are prepared to combat that ap-
plication,' said MIR. Delmas
Il have made no formal application,
explained Mr.. Jerome. Il submit to your
honor the fact as he sits there, the de-
PENDANT is incapable of directing his de-
Tense. leave the matter entirely to the
court"
MIR. Delmas declared Mr. jerome S
charges were entirely unsupported.
THE district attorneys remarks We're
made under his oath of office" said JUS
tice Fitzgerald with some display of feel
ing.
He has appealed to my conscience, and
l now demand the production of all the
evidence which any counsel may pos
sess
Mr.. Delmas said he understood M Je-
rome to imply unprofessional conduct on
the part of the defense in suppresslng tes-
timony
There was an implication of mscon-
duct" said Justice Fitzgerald
Il heard of 1t today for the first time,
said Mr.. Delmas.
Mr.. Gleason here asked TO be heard in
behalf of the defense.
Gleason Heard.
81 desire to say" said AR. Gleason
that when this case began. | attempted