The Montgomery advertiser., 1907-05-07
FATHER ASKS
FOR CLEMENCY
colons nisholm Before
the Jury.
lES PLEA FOR HIS SON
Parent Of Accused Embezzler
Argues Case.
Messrs. Bradley and Judge Roulhac
Represent Government In Prose-
cution--Jury Begins DELHI
Grafton Over its Verdict.

Birmingham, May 8.-(SpeciaI.)-
The Jury In the ChisoIm case went 20
bed In hotel at IL O'Clock without
returning u verdict.
Birmingham, May .--(Special "A
father pleading for his son was the
pathetic scene in the Federal court
today when Colonel Robert Chisholm
father of Alex Chisholm. charged with
embezzling and Incorporating
funds of national bank, spoke for
the defense, following the first speech
in the argument this morning deliv-
cred by Lee C. Bradley for the gov
eminent.
Colonel Chisholm spoke of the high
ec law" He said that even IL the de-
fendant was guilty of a violation of
an act of congress he was not guilty
of violation of the law of God in
tfat no intent to defraud had been
shown.
Captain Frank S. White spoke for
the defense and District Attorney
Roulhac closed for the government.
Judge Oscar r. Hundley then gave
the jury a lengthy written charge.
covering all points in the case.
Mr.. bradley Opens.
Attorney Lee Bradley made the
opening argument for the government
After reading a decision from one of
the higher courts Mr.. Bradley turn
ed to the court and said: Even ad-
hitting that this defendant believed
that he had right to use the money
of the bank for purposes of speculation
and yet knew that his act was a yio-
lation of law he was under the ruling
In the case / have just cited guilty
of embezzlement. 1t is along this
line that We ask your honor to charge
the jury.
You can make your banks so
stro. =" said Mr.. Bradley, that no
thief can enter their vaults, but YOU
cannot make them so strong that the
funds are not at the mercy of the man
to whom they are entrusted; after all.
the stability of the Institution rests in
the hands of the man who has the re-
sponsibility on his shoulders. When A
man who wrecks the confidence and
trust imposed In him by the people is
allowed to go unpublished by a jury
of his GERS. you have said to him
you are free to do as you like You
have done more. You have led the
honest man to wonder If after all this
sacred keeping of confidence Is worth
while. Was the breach of trust by this
defendant a simple one? He is charged
with taking $4,000. He ret; ned part
of this. But ha dhe returned every
dollar of 1t, he would have been as
guilty In the eyes or the law as II he
had returned none and taken many
times more.
This defendant has said: IT am
mere automaton--a being in the hands
of q demoniacal deed But, gentlemen,
when men come to review human con-
duct they look for a motive. Let us
look at the life and conduct of this de-
PENDANT. He was bright, capable and
ambitious He holds an enviable posi-
ton in society. but he is not satisfied.
H. Is possessed with at fever which
is tho curse of every American young
man at some time in his life-the get
rich quick fever
specuIates and Loses.
"He begins to speculate and lose. He
reasons that the god of luck must turn
his way and after first losses plunges
heavier and heavier. He takes the adj
vice of a broker an. concealing the
transactions. sinks deeper into the
a Lgmire on his downward career"
Mr.. Bradley then revealed the defal-
cation thoroughly and asked the jury
could this defendant have concealed his
transactions in more mastery man
ner.
But. the idea of escape will not
down, and this young man selects for
his defense not only the most plausible
avenue of escape but the Sonly posi-
BILE one He reasons that he can feign
those delusions-at any rate he knows
that he has all to win and nothing to
lose, and is willing to make the at
tempt.
by an irresistible impulse, gentlemen of
the jury, he would have restored to the
bank the money that he won? No,
gentlemen, would he have believed that
the money was his own"
Mr.. Bradley next took up The expert
testimony offered during the trial and
analyzed 1t thoroughly.
He also analysed tie non-expert tes-
timony at some length.
Mr.. Bradley spoke for about two
hours, the jury paying close attention
to his argument
In concluding he said, "and now gem
tlemen of the jury, this young man has
fooled his father and mother. he has
fooled the national bank examiner who
is an expert in his business. and I beg
you beware lest he fool you, too"
The Fathers Speech.
Col Robert Chisolm, father of the
defendant, followed Mr.. Bradley. He
stated at the outset that there was no
case parallel with the present one in
the annals of criminal Jurisprudence.
He argued that If the defendant mad
been of criminal intent he would not
nave TetuTHtu tHe llloley 10 lne Dan n
He stated that there was never a man
who was absolutely perfect from David,
who was called "a man after Gods
own heart" to Robert L Lee. the great
Southern statesman and warrior.
Colonel Chlsolm stated to the jury
that he knew that this would not hold
him responsible for any dereliction in
his children but yet that there was
bond connecting them that made him
stop and think If there had not been
something he could have done that
would have prevented this.
"Why, gentlemen, If this defendant
had possessed the remarkable ability
and will power that the government
saws he does why would he have ever
come back here, putting his neck In the
halter. as 1t were? How can they re-
concile his acts with the facts as
proved?"
Colonel Chisholm made a sharp at
tack upon DIR. White, the Thaw expert
who testified in the case, referring to
him as that big bloated doctor from
Washington" He commented upon the
fact that DR.. White owned two auto