The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-05-07
Day Consumed By Arguments.
of Counsel and Delivery of
the Courts Charge
FATHER OF DEFENDANT
SPEAKS IN BOYS BEHALF
Interest In the Case Drew More Spec
tators to the Court Room Yester-
day Than on Any Previous
Day of the Trial.

the federal court, was concluded yester-
day evening at o'clock and the fate of
the defendant is now in the hands of the
jury, which failed to arrive at verdict
at 10 o'clock last night, at which hour
Judge Hundley recessed the court until
this morning at 10 o'clock.
The argument of counsel and the charge
of the judge consumed the entire day
yesterday and the anticipation of the con
flusion of the case attracted a larger
number of spectators than at any time
during the present trial. Greater interest
was also attached to the days proceed
ings through the fact that Judge Hundley
would make his first charge to a jury in
an important case since assuming the du-
ties of district judge.
Interest was sustained throughout the
argument made before the jury, the only
incident occurring out of the usual order
being the collapsing of juryman's chair
while District Attorney Roulhac was
speaking. which caused a ripple of amuse-
ment in the court room.
Bradley Delivers First Address.
Attornel Lee c. Bradley, for the gov
eminent, delivered the first address and
spoke rapidly and forcibly for two and a
quarter hours, beginning a 9:45 yesteday
morning. He was followed by Col. Rob-
ert Chsolm, father of the defendant
who, with Spartan, fortitude, Invested
himself of the idea of relationship to the
defendant and presented the legal aspects
of the case in a brief speech of one hour
nh to
to take up the burden of argument for the
defense, and he did so in an address OF
exactly two hours duration, and in such
a manner as convinced every one in the
court room of the sincerity of his belief
that the defendant was not conscious of
wrongdolng when he used the banks
money. Capt. White ran the gamut of
emotions in his imprisoned and eloquent
appeal to the jury and brought out his
points In the most forcible and telling
manner.
District Attorney Thomas r. Roulhac
summed up briefly for the government,
taking less than an hour to lay before
the jury certain points of law and evil
dence which in his mind tended to show
that Alex r. Chisolm was sane at the
| the Indictment
The reading of the charge by Judge
Hundley consumed exactly So minutes and
was very impressive. Every word was
listened to with extreme interest, and at
the conclusion when Capt White an
nounced the defense perfectly satisfied
with the charge, wave of relief passed
over the court room and the suspense
was ended as the jury filed out of the
room.
Judge Hundley told the jury he would
be at their service until midnight and If
they had not arrived at a verdict by that
time he would recess until the next morn
Ing at 10 o'clock. Last night at 10 o'clock
the jury had not come to a conclusion
and Judge Hundley accordingly recessed
until this morning.
Reads Summary of Charges.
When court opened Attorney Lee c.
Bradley, for the government, opened the
argument in the case. Before beginning,
however, he called attention to the par
ticular counts in the indictment upon
which prosecution would base their case.
Mr.. Bradley read a brief summary of the
charges upon which he would argue, and
briefly explained these charges and the
bearing which the claim of insanity on
the part of defendant would have upon
his presentation of the case.
mentioning hypothetical cases of deals in
property by which anyone could make a
great profit, but declared that no one
should In such cases use the money of
another without authority to make this
profit, even though 1t were absolutely GER
tain that such deal would be profitable.
Reading from q decision in the United
States courts Mr.. Bradley argued that
similarly that defendant, even though
affected at some period with mental de-
fusion should suffer the penalty If at the
time the act was committed the defen-
dant knew the nature and quality OF the
act and he should be found guilty
In concluding his address to the court
Mr.. Bradley asked that the charge In
the case referred to be taken into con-
sideratlon as upon this the government
would base their argument before the
jury. Addressing the jury Mr.. Bradley
defined the various degrees of embezzle-
ment or the taking of the property of
another unlawfnly and went on to ex-
plain the elements involved in the act OF
misrepresentation Of private funds. lie
showed the two phases of such an act,
the wrongful act Of taking such money
and the breach of confidence committed
by such an offender The man who COM
mits this act, he said, affects not only
the standing of the institution which he
has injured but affects public confidence
as well, thus doing harm to other similar
institutions.
The effect of the acquittal OF such
man would be disastrous, said the attor-
ney, for 1t would thus place light esti-
mate of the degree OF his crime upon
the offender and would also affect tho
public mind to such an extent that the
honest man might come to hold lightly the
sacredness of a business trust and other
similar crimes would follow. Summing up
Mr. Bradley said that all men err and
all men are only partially subject to the
claims of conscience and do not fear pun
ishment This Is no excuse, he declared,
and then warned the jury TO beware lest
the defendant who fooled his family, his
friends the bank officials and the bank
examiner, fool the jury too.
Colonel chisoIm Speaks to the Jury.
Col. Robert chisolm. in addressing the
Jury, said that he had no official con-
nection with the case other than by
agreement with counsel to offer a brief
argument. lie asked the jury to find for
the defendant and said that he would
show that he was entitled to such de-
cision
Colonel Chisolm made clear presen-
tation of the facts as presented in the
testimony and read from several author
tiles opinions on similar cases. At no
time did he attempt to work upon the
sympathies of the jurors. and forgetting
that he was the father Of the defendant
only presented the legal aspect of the
piea OF defense as he saw It, He re-
viewed the testimony OF the witnesses