The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-05-07


fronted with evidences of his guilt and
interpreted the act of confession as oh
tanned under compulsion, the defendant.
he said. being overawed by the number
of men who surrounded him.
Colonel Chisolm declared that a man
may know right from wrong and yet
commit an unlawful act while under the
influence of an insane delusion. He closed
with a reference to the bghting effect
of prison life as pictured by Brand Whit
LOCK, mayor of Toledo.
White Makes Strong Plea.
Captain White made a strong plea for
his client, laying particular stress upon
the occurrences in Mr.. Percys office.
where Chisolm was confronted with evil
denees of his guilt and the manner in
which all the facts of the defalcation
were developed.
With foreeful and eloquent language hs
laid before the jury the points In that ex-
animation of the defendant, declaring
that the motive of the bank officials was
to clear the bank of the stigma cast
upon II and fasten the guilt upon CHS
ohm, secure his conviction and through
him reach the bucketshop men.
Captain White ascribed motives other
than friendship to Mr.. Percys actions to-
ward Chsolm after the arrest. saying
that the safeguards thrown around the
prisoner were for the purpose of extract
bank.
with deep feeling and impressive words
Captain White laid before the jury the
claims of mother love. the home ties that
surrounded the defendant. and showed
how the marked change In his character
affected the whole family! particularly at
the neglect of that mother by the de-
PENDANT when she was lying almost at
the point of death,
In closing Captain White adjured the
jury to take all the facts into considera-
aion. the testimony of witnesses, the
medical experts, the family history, and
asked then If they could believe beyond
a reasonable doubt that the defendant
was insane at the time his acts were
committed.
Rouhac Makes Final Address.
District Attorney Roulfiac addressed the
jury in the closing argument. bringing out
the points as pressed by the prosecution
that no insane man would have taken
100000 from bank and have hidden the
fact carefully, and that the evidence
showed that he did not act upon his own
advice in his transactions as an insane
man would have done.
| Reviewing the details OF Chsolm's
transactions and the consequences, the
| district attorney asked the jury to look
at the situation deliberately and say
whether these acts were those of a sane
or an insane man. lie protested against
the use of the argument of affliction of
insanity in the family as a defense. as a
cloak to cover up fraud.
The attorney defended the national
banking laws. saying that they were
not for the purpose of inficting cruelty
upon any person, but to protect the sta
blity OF the institutions and the investors
and depositors. He said that this fact
must have its weight in considering the
acts of defendant.
In In W nff wi
Chisolm was question as to the his trans
actions was reviewed in conclusion, and
the motives that actuated Mr.. Percy in
his attitude toward defendant were point
ed out as those of a man of honor and
integrity. He then asked the jury to take
the case, and without reference to the dis
tnguished ancestory of the defendant and
the fact that he became Insane to render
their verdict accordingly.
Hundley Delivers Charge.
Judge Hundley then delivered his charge
to the jury. which was given the closest
attention Its text was as follows:
Gentlemen of the jury:
This defendant is indicted for the vio-
lation Of a federal statute, section 5209,
Revised Statutes OF the United states.
The ofense charged In the indictment.
stated in forms varying In the different
counts thereof from % to ~, inclusive.
Is that of embezzlement of funds be-
lsnging to a banking association, In this
case said association being the First Ma
tional bank of Birmingham.
The defendant by his counsel has admit
ted the taking of the funds, but says he
is not guilty charged, because at the
time OF the taking of said funds he was
suffering from insanity in this: That the
act was done while acting under an in
sane delusion that he could control the
cotton market, and that this insane de-
fusion was Of such nature that II un-
balanced his mind and rendered him ir-
responsible for the act committed. The
effect and purpose of these admissions ars
to support all the charges in the indict-
ment as to the taking of the money, and
require at your hands a verdict of guilty