The Birmingham age-herald., 1907-05-03


 don't want to play hockey we've got | schools to go to and frock tailed preach CTS with sure nough churches, and the biggest play house in the whole world
 Take that, you old stingy. I wouldn't
  said that Alex had always been a bright, cheery, dutiful boy until he had a spell ] of illness in August, 1905. After that attack, she said, her son had changed greatly. He became morose and silent, and when he came to the house would sit alone and take no interest in family affairs. She had heard him discuss finan- cial affairs with his father, and he was constantly talking of speculation.
 Witness, upon cross-examination, said that she had noticed the change in de- fendants disposition abou' six weeks after he recovered from the fever.
 Adjournment was taken at 12;3O D. m. until o'clock.
 Secrecy at Afternoon Session.
 Dr. J. T. Searcy of Tuscaloosa was the first witness called at the afternoon ses- sion. Dr. Searcy said that he had prac- tced medicine forty years and had been in charge of the insane asylum at Tusca- loosa for fifteen years. Captain White questioned the witness regarding his knowledge of defendant and his examina- tions of defendant in reference to his mental condition. Dr. Searcy said that Chisolm had been under his care at the asylum for two months since the last trial of defendant.
 pr. Searcy testified that he visited Chis- olm in jail and in questioning him found that he had what he considered a delu- sion that he had a power to control the cotton market and that he also talked of fear of persecution by the bank officials. Witness declared that defendant labored under a 'deusion of grandeur" and con- tinued to strenuously assert that he could if given the opportunity make deals in the cotton market and pay back to the bank all he had lost.
 Witness was questioned as to the infiu- ence of heredity upon the mental condition of defendant. Reference was made to a maternal ancestor of Chsolm five gener- ations back who was insane, and witness was asked If this condition could be trans mitted to the defendant. Dr. Searcy said this fact might have influence upon de- fendant, but that heredity is matter of probabilities He asserted, however, that unless there should be improvement in | the family through marriage that the ten dency would be toward a reversion to the | mentally unbalanced ancestor.
 Puts Hypothetical Question. Captain White put hypothetical ques- tion to witness relating to the conditions under which Chisolm worked in the bank, his onerous duties, close confinement and condition of health that was not nor nal. He then asked whether these con ditions would affect defendants mental | condition. Dr. Searcy replied In the affir- native. Dr. Searcy gave the opinion that defendant was predisposed to the steps he had taken by his habits and thoughts | In answer to questions witness declared l that a person laboring under a deluslon, but fearing certain results, would exhibit 1 cunning and shrewdness In concealing the 1 facts relating to the delusion.
 l Cross examination was taken up by At l torney Bradley for the government. He asked witness questions relative to his l examination of defendant and his state ment that defendant held the belief that 1 he had extraordinary power to control l the cotton market
 l Questions were asked witness concern ing tests for insanity. and he answered 1 that these tests were made upon chis- 1 olrn. the most delicate tests known, and defendant showed extreme sensltiveness | He said that he had thought that de- fendant might have incipient paresis, but upon full examination had cast this I thought aside.
 | ined Chisolm while he was at the asylum. He said that he had not made an exam nation there but had observed him al- most daily His observations showed that defendants health improved and his nerv- ousness decreased.
 MT. Bradley asked: "Dr. Searcy do you think that any man who believes he can beat the cotton market is the victim Of deluslon?"
 ot nh1aTtad Y, and a long argument ensued between the defense and the court, in which defense was overruled and an exception taken.
 pr. Searcy then aswered the question by saving that he did not think such man would be pronounced insane.
 The question was then asked whether a man if possessed of delusion that he had the power to control the cotton mar ket would ask the advice of others in his dealings? Dr. Searcy said he would probably not ask such advice.
 Bradley Reviews Whole Case. MT. Bradley put long hypothetical question, covering Chisolm's birth, posi- tion and surroundings, the circumstances of the abstraction of the First National bank funds and the discovery of the of fender, and asked pr. Searcy if, in his opinion, this was the act of a man labor ing under an insane delusion.
 Captain White immediately rose to his feet and objected on the ground that the question was an invasion of the province of the jury. He also said the hypotheu- cal question did not include such impor- tant facts as the total amount Of money taken the manner in which it was taken and the fact that defendant went on his vacation leaving behind him easily dis covered evidences of his dedication. Cap tain White argued strongly upon his con