The Birmingham age-herald., 1907-05-04
Expert White is Chief Witness for the Government and
 Thinks Alex is Sane
RELATIVES TESTIFY AS
 TO CHANGE IN MANNER
After His Illness the Defendants Mind Never Seemed to Be the Same. The Case VIII Continue
 Through Monday.

The trial of Alexander R. Chisolm in the federal court dragged along yesterday and the conclusion was reached by judge and counsel that it could not bc con- cluded this week, even with night ses- sions. Judge Hundley, therefore, an- nounced that he would remain over Mon day in order to bring it to a close.
 Yesterday saw the conclusion Of testi- mony by defense, with the exception of one witness, pr. Morris who will be in troduced today. The session was replete with expert testimony and warm argu- ment between opposing counsel upon the admissibility of evidence, great deal of time being taken up by counsel in ohjec- tions and the consultation of authorities upon various points
 The principal witness of the day was Dr. William A. White, superintendent of the government hospital for the insane at Washington City, who was introduced by the defense as an expert witness to testify as to the sanity of Alexander R. Chisolm. Dr. Whites reputati as a specialist in mental diseases a. the fact that he testified for the defe sa in the Thaw trial drew larger crowd to the court room than usual yesterday afternoon, and his testimony was heard with great interest
 Dr. White wished to make a physical examination of the defendant, but did not do so. He testified only upon observa- tion of the defendant during the trial and upon a hypothetical question propounded by the prosecution.
 A sharpe tilt occurred between the witness and Captain White for the de- fense upon the specialists ability as an expert, with honors about even in the end
 An entirely new witness in the case yesterday was John l.. Baird, who went on the vacation trip with Chisolm in July of last year, He detailed the occurrences of the trip and the incidents that led him to believe that he was of unsound mind.
 Whean Is First Witness.
 Court assembled promptly at 9:sO o'clock and without preliminaries the case was taken up by the defense. Dr. Charles Whelan was called to the stand and testi- fled that he visited Alex R. Chisolm in the jail. Witness said he merely happened to visit the jail on this occasion and did not know that Chisolm was in that part Of the jail when he went in. Witness sald that Chisolm called to him and told him that he could make money in the cot tOA Hidihet II gwen all opportunity. Dr. Whelan said that he remonstrated with Chisolm, and said that If he had had as much trouble with speculation as defen- dant had he would leave the subject alone. Chisolm replied that he had done nothing wrong.
 Dr. Whelan said that he had seen de- fendant at the jail once since that time and that he spoke in similar terms on the same subject, and witness had then formed suffered from a de!usion.
 Witness testified that he had attended Chsolm within the past few months and had operated upon his throat for an ail- ment. Replying to hypothetical question by Captain White, who detailed the symptoms that appeared in Chisolm' S behavior during the circumstances con- nected with the trouble at the bank, witness said he would consider defendant mentally unbalanced
 In another hypothetical question Cap tain White asked witness what effect he thought insanity in defendants family would have upon him. Witness said he could hardly give an opinion upon the subject as stated. Cross-examination brought out no new facts.
 Gray Called to the Stand.
 Lieutenant Governor Henry B. Gray was called to the stand and testified that he was a stockholder in the First National bank and had known Chlsolm since he was boy. Asked whether he had noted any change in defendant with in eight or ten months before his arrest, witness said he had thought Chisom was working too hard and had so remarked to several persons. He had noted change in defendants appearance and demeanor some time before defendants arrest
 Witness was asked whether he saw anything in demeanor of defendant to lead him to believe that Chisolm was in- sane. Argument arose over the question and 1t was withdrawn, but propounded again later.
 The prosecution moved to exclude MT. Gray's answer, because he based his af- firmative answer partly upon Chisolm' S dealings with the bank and his arrest Witness declared he could not render an opinion as to defendants mental condi- ton without considering all the facts in the case The answer being excluded by the court the witness was excused with out cress-examination.
 Thought Him Mentally Unsound.
 Dr. w. P McAdory, county physician next took the stand. He said he had charge of the city prisoners during the months of July and August last year and was there when Chisolm was a pris-
 
 defendant when he first came there and defendant spoke of his dealing in cotton and said If he had been given time he would have made al the money back that he lost Witness said that he considered this to be the natural talk of a man who had speculated. but defendant had re- newed the subject on succeeding days and had said that he lost because certain agencies had worked against him, but that they were now working on his side, and that he couldn't lose. From these conversations witness formed the conclu- sion that defendant was mentally un- sound.
 Captain White put a hypothetical ques- tion, covering Chisolm's dealings with the bank and subsequent actions, and asked witness If he considered defendant in sane. Witness said he couldn'tf answer the question and when a second hypo- thetical question was asked him, based upon insanity in Chisolms family, witness also said he was not able to give a defi- nite answer
 Witness said that Chisolm claimed to have supernatural assistance and a knowledge of how the cotton market was going.
 Upon cross-examination witness said that defendant while in jail was reti- and irritable during the time of his in- carceration.
 Baird Tells of Trip.
 John l.. Baird was called to the stand. He said he was bookkeeper and exchange clerk at the Peoples Savings bank. He sad that he had known ChIsolm five or six years. Witness told of his observance of Chisolm's demeanor and that he had manifested a decided change in his de-