The Birmingham age-herald., 1907-05-04
CONFLICT SHOWN IN OPINIONS
 ON CRIS0LM'S SANITY
CONTINUED FROM PAGE S)


 was considered an authority on mental diseases and received a reserved answer. | Captain White read from Dr. Dana's work an, asked his opinion on the state ment.
 Witness did not agree entirely with ] Dr. Dana and said so very plainly Prosecution asked witness if one part of a mans brain could be affected and l the rest normal. Witness corrected the interrogator by saying that he meant mind instead of brain | Captain White concluded by asking wit l ness If it were not a fact that victims of paranoia did sometimes recover. The l answer was yes.
 Dr White was then finally excused | that he might catch the train back to | Washington
 Relatives Take the Stand.
 Mrs. Hugere took the stand and was asked to tell about her brothers char acteristics. She said he was one of the brightest and most lovable of the fam | fly. After his trouble with the bank her | brothers nature changed and he almost l totally ignored herself and her little boy, l the ones whom he had always loved so | much.
 Mrs Caroline Cotton, sister of the de- I fendant testified to facts similar to those given by Mrs. Hugere. She said she did ! i that time.
 Margaret Chisolm, sister of defendant, was called and testified in the same man ner as her sisters, relative to her | brothers change of character.
 John Chisolm, brother of defendant, testified along the same lines as the sisters but gave further details of bis brothers early life and said that he | noticed particularly the change of at- titude of defendant toward members of the family which became habitually in different from October, 1905.
 Defendant had once made a confidant of 1 witness but withdrew his confidence two | years ago. Defendant had discussed the cotton market with witness until the lat ter discouraged such subjects. | Witness was cross-questoned by prose cution as to exact dates upon which his brother first discussed cotton with him | He was asked if he didn't say in the previous trial that defendant told him | he had a "hunoh." Witness said he didn't recollect that but he would abide by the stenographic report of his testimony in the previous trial
 The question was asked witness whether or not he had not in a con versaton with Walker Percy in which MT Percy offered to go on defendants s bond and that witness said he did not | want Mr Percy to do that and that Alex was guilty and should be punished Wit ness said he did not recollect any such conversation.
 The defense here rested the case. with the request that pr. Morris, another wit ness, be allowed to testify when he ar rived in the city. This was agreed to by the court.
 Walker Percy Recalled.
 After a short recess the government of | fered Walker Percy as witness. Argu ment again ensued over the admissibility l of the testimony defense contending that prosecution had no right to introduce this witness again. Attorney Bradley read from authority in support of his conten- ton and argued his position warmly Cap tain White replied with sharp attack upon the basis of the contention, holding that the proposed act of prosecution was unfair and illegal.
 Attorney Bradley took issue with the defense and declared that the government was not "sekng an advantage as claimed by the defense.
 Judge Hundley interrupted the argu- ment and permitted the witness to tes7 tify the defense recerying the right of objection.
 l MT Percy said he had had several con versatlons with defendant The first was l in the county jail, and witness declared | that neither at this nor at other subse- quent times did defendant make any re- ference to any extraordinary power as q. cotton speculator. Defendant related to witness how he had worked in broker office and became imbued with the idea that he could make money in cotton. | Prosecution asked witness if the defend- | ant had not told him that he made money on his trade at Atlantic City, and if | Chisolm was not at that time on the short side of the market. An affirmative reply was given whereupon defense of- fered strong objection. saying that the 1 government by this testimony would put not only the dedication upon the de- fendants shoulders. but the whole cot | ton market upon him. in other words make prophet of defendant. Witness was allowed to proceed upon a different line, and he said that he had discussed | the course of the market with him Con- | tinuing witness declared that there had been at no time in the conversation, &C., | ton or bearing of defendant in the pres l ence of witness that was irrational. | Witness detailed conversation with John Chisolm and said that the latter l had declared that Alex was guilty and | ought to be punished and would go to the county jail.
 Hospital Supervisor Testifes. ! Mir. Percy was excused without cross examina ton.
 Supervisor McDun Of the male depart ment of the Alabama hospital for the in- | sane at Tuscaloosa. Witness said de- | fendant came to the institution on De- , cember 1, 1906. He testified that defend- ant moved his head up and down when l upon inspection, but this almost ceased after he had been there awhile. Witness | said that when he came upon defendant unexpectedly the head-nodding was not so evident
 | Witness concluded by saying that in his honest opinion defendant was sane when | under his supervision. On cross-examination witness testified | as to his duties, telling of inspections and the manner in which patients were | confined. Defense quizzed the witness severely but brought out no new evi- dence.
 Court adjourned at D. m. until this morning ate9:30 o'clock.
 GssAsks o< Anaar AuiIh