The Birmingham age-herald., 1907-05-08
In Presence of Sobbing ReIa- lives Young Man Reaps
 WhirIWind of MisdeedS
GOES TO ATLANTA TODAY
 TO BEGIN THE PENALTY
Petition for Pardon Was Circulated Immediately and Was Signed By Foreman of Jury Before
 He Left the Room.

Alexander R. Chisolm was yesterday convicted in the federal court of the em- bezzlement of S100,O00 from the First Ma tional bank of Birmingham and imme- diately sentenced by Judge Oscar R. Hundley to serve six years in the United States penitentiary at Atlanta. Counsel for the defendant accepted the verdlc. and no appeal to a higher court will be made.
 Thus ended a case which was twice on trial in this court and has probably at tracted more attention here and else where than any case that has been tried i'm Birmingham in many years. The prom thence of the convicted mans family, the amount of money involved and the man ner in which the embezzlement was &C., complished have all tended to make this case unique and unusual in the records of the courts and the developments fol- lowing the discovery of the defalcatien and the consequent trials have been watched by the public from day to day with the keenest interest.
 Goes to Atlanta Today.
 This morning at 5:45 o'clock Alexander Chisolm will be taken to Atlanta by Deputy United States Marshals Gordon Ashley and J. M. Coker, there to begin his six-year term of imprisonment in the government penitentiary By good behavior the prisoner can reduce this to a little more than four years as under the fed eral law he will be allowed a reduction of exactly nineteen months and eight days for exemplary conduct.
 :, in the court room yesterday morning at 10 o'clock, immediately after Judge Hund- ley had called the court to order. The jury had dellberated since p. m. on the preceding day and had agreed upon a verdict shortly before they were called into the court room.
 At 9:S0 o'clock yesterday morning word was sent to Judge Hundley from the jury room that there was light needed upon certain portions of the charge with refer ence to the intent of the defendant in committing the acts charged. Judge Hund- ley then called the jury into court and delivered to them the following additional instructions
 Additional Instructions Given.
 "In all criminal cases. gentlemen, in the first place, as I have stated in the substance of my charge on yesterday as to the presumption of intent-the ques- tion of intent is presumed from the com mission of the offense without any fur ther proof. However if a man is insane, or, if his mind is diseased so that he does not know right from wrong, as a matter of course he would not have mental ca- pacity to.have any intent; but in the ab- sence of proof to your satisfaction be- yond a reasonable doubt that this de- fendant's mind was not so diseased, not so impaired that he did not know right from wrong, you would have to give him the benefit of that doubt and acquit him; but, if you did not believe beyond a reasonable doubt that his mind was so diseased and impaired that he did not know right from wrong at the time of committing the offense and was a sane man, then the law presumes the intent from the commission of the criminal of fense if the criminal offense was com mitted as charged. Gentlemen, you can retire. I would say, also, I hope you will be able to agree upon your verdict. You owe it to the government, the defendant and your country to give a verdict, con-