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

means upon the question of the defend
ants sanity or insanity, but there is
other evidence presented to the jury on
this question, which they must consider;
evidence of witnesses as to facts In rel
erence to the conduct of the defendant
a the time of the taking of the money,
prior thereto and since the taking, which
must be considered by the jury In con-
nection with all the other testimony III
the case.
permitted witnesses who were not ex-
perts to state in a way their opinion In
reference to the defendants sanity, but
the jury must not forget in the consider
alton of the opinion of these witnesses,
whom l may call non-experts, that they
must not consider their opinions alone,
and place them in opposition to the opin-
ions of the medical experts who nave
been placed on the stand, and who have
been proven to be men particularly skilled
within the line of their professional train
ing. The opinion of proven expert may
be given in evidence upon facts wlthn
his knowledge, or 1t may be given upon
Hypothetical question put TO the expert
and based upon the particular facts winch
have been given In evidence upon the trial
of the case at issue.
The opinion alone of a non-expert upon
a question of insanity is not evidence. I'M
less that opinion is accompanied with
statement of the facts and circumstances
within the personal knowledge of the non
expert upon which that opinion is based.
The jury being Informed as TO the wilt
ness opportunities TO know all the CIR
cumstances, and of the reasons upon
which he rests his statement as to the
ultimate general fact of sanity or insan-
ity, are permitted to test the accuracy or
soundness of the opinion expressed; ana
thus by using the ordinary means for the
ascertainment of truth, reach the ends of
substantial justice.
In this connection you must consider the
testimony of the witnesses In reference TO
the conduct of the defendant before and
since the commission of the ofense charg-
ed, consider the opportunities the wit
nesses had for observing the defendant
actions and his manner, consider the fact,
If 1t be fact, that his manner toward
his family changed about the time of the
commission of this offense. and In that
connection 1t is within your peculiar prov
ince under the testimony In this case TO
determine whether this change in the ac-
tions and conduct of the defendant was
superinduced by a giving away of his
mental condition, by his depression
and perplexity of mind superindueed by
the knowledge OF his shortage in the bank
and the probability Of detection. You
must consider the fact, if 1t be a fact,
taking of the money, and further consid-
err under all the evidence what effect. II
any this fever had upon his mental con-
dition, or whether 1t only affected him
physically and not mentally, or both; You
must consider the evidence introduced IN
this case of the family history of the de-
PENDANT In relation to insanity, and in
I considering this evidence you must con
slider 1t in connection with the testimony
of the experts upon this subject. Is an
cestral insanity i'm fact transmitted, ana
Is the fact of this insanity fact which
can bear upon the question of the de-
PENDANTS insanity Or is it a fact to be
deduced from the testimony OF the
experts in thisl case that the insan-
itv of the ancestors of this defen-
dant is not a proper basis upon which
to predicate the defendants sanity
or insanity. but that in such cases,
after insanity is first proven. the insan
ity of ones ancestors may be looked to to
find the cause.
In the further consideration of the de-
PENDANTS conduct in relation TO his spec
ulations in cotton and his decisions that
he had received some supernatural power
by which he was enabled to control tine
cotton market. you must consider all the
evidence bearing upon this question, In
Guiding that Of the experts. This peculiar
kind of mental alteration. II you find
from the evidence that 1t was mental
alteration. has been referred to in the
testimony In this case as 'grandiose de-
iusions"
Now, gentlemen. In considering the
question as to whether The defendants
mind was afflicted by such decisions, con
slider the fact. II it be a fact, whether or
not persons so afflicted are inclined 10
be cheerful. buoyant and boastful Con
slider the fact, II II be fact In this case,
in this connection, whether or not the
defendant was depressed, morose and
changed in his feelings toward the mem
bers Of his family In considering the
question of his being afflicted with such
/ delusion you must also consider the fact.
| If IL be a fact, whether or not persons
! so afflicted generally act solely upon
J their own ideas or whether they act upon
| the ideas or suggestions of others. and
| in this connection you must consider the
, further fact. If II be n fact. whether or
| not the defendant in fact acted upon sug-
/ gestions made him by others verbally or
| in writing. or on his own ideas
In this connection you must consider
| the further fact. II 1t be a fact. whether
! or not the defendant in addition to spec
| uating In cotton speculated In stocks as
| well Take into consideration all of his
| acts and condset prior to, at the time
! and since the commission of the offense
| charged Consider the fact If it be a
| fact that in order to cover up his trans
! actions with the bank and prevent detee-
| ton he used the name of s. NJ. Web
| ster; consider the fact. II It be a fact, of
the manner In which he entered char
| and credits to various concerns who had
J dealings with the bank in which he was