The Birmingham age-herald., 1907-12-03
PRISONER ALMOST PAINTS

itii os 1'SAf~J " VI
 Durinq the Final Hours of the
 Trial and Now Awaits the
 Final Verdict.
 Washington, December 2.-After a trial which has attracted widespread interest since it's inception almost three weeks ago, the case of Mrs. Annie M. Bradley, charged with the murder of Former shna- tor Arthur M. Brown of Utah, tonight rested in the hands of the jury. Through out the earlier part of the day Attorneys Powers and Hoover with reeitals of the episodes that led to the tragedy and pleading insanity of the defendant at the time she shot Brown in a hotel here on December last, argued for the defense, and when court convened after recess, District Attorney Baker, attacking the theory'of insanity and arraigning the de- fendant in scathing language made the closing address.
 Judge Stafford occupied 25 minutes in charging the jury. When Mrs. Bradley, nervous, trembling and anxious. was led back to her cel1sunder the courtroom, she was joined by her eldest boy.
 Judge Stafford at 5 o'clock left for his home, and at GAO the jury had supper. Meantime in the dingy, all-lighted court room a small crowd of spectators, mostly women, sat waiting for the verdict of the jury At 10 o'clock tonight the word came from the jury room that there was no prospect of reaching verdict tonight in the Bradley case. Accordingly. Judge Stafford ordered that the jury be locked up until court meets tomorrow morning i at 10 o'clock.
 Argument of Counsel.
 George A Hoover began upon the open- ing of court his argument for the de- fense He was followed by Judge Powers. also for the defense. District Attorney Baker concluded the speech for the gov ernment.
 It was 1881 D. m. when the court re- convened and District Attorney Baker be- gan the closing argument to the jury. Mrs Bradley, who sat trembling and on the , verge of collapse during the morning ses- sion, had profted by the noon-day rest and appeared in better condition as she re-entered the court room. MT. Baker closed at 3:14 p. m. By permission of the court Attorney Hoover for the de- fense. replied to the new point regard ing the forwarding of Mrs. Bradleys mail to this city. Mr. Hoover said the eyi- dence showed that when She left SaIr Lake she had no intention of going to Washington
 Charge To the Jury. At BPS D. m. Justice Stafford began ! his charge to the jury. He pointed out the circumstances governing the different verdicts which must be rendered He asked the jury to first look at the case af I. said the jury should determine whether she said intelligently and understandingly that she shot him, and whether she ac- tually said she was justified in so doing as Tar as any one could be justified He said that there had been no argument that showed self-defense. that of coNrse when one takes life in self-defense it Is tustihable. If the jury had any reason able doubt whether the shooting was in self-defense, the defendant should be held not guilty, "as there is no direct evidence as to how the shooting did occur" said the judge. 'I simply call attention to this as a possibility that might be con sidered."
 The court also suggested the consid eration of the possibility of accidental shooting. If she was not trying to use t.4e pistol to do any harm to Brown or herself and the pistol was discharged ac- | cidentally she would not be guilty. 1T she was making unlawful use of the weapon and the pistol discharged as a. consequence and death resulted there ! from, 1t would be mansaughter. If Mrs Bradley went to Browns rom to shoot herself and Brown rushed to prevent her from shooting herself and the pistol killed him, she would be guilty of manslaueh- ter and nothing more. The court also suggested the possibility that Mrs. Brad ley may have been menacing Brown to a Int mo tyitaar h intending to shoot him. but that in try ing to prevent what he thought was her purpose to shoot him, he was shot and instantly killed, that would be man slaughter. But if the evidence satisfied the jury that she did fire intentionally into Browns body, she is guilty of mur- der at least in the second degree; if in tentionally and deliberately and with malice, 1t was in the first degree.
 Must Be No Doubt.
 Judge Stafford pointed out that all the matters essential to the commission of the crime must be proved beyond a shadow of doubt The law, continued the court, requires a man to master his passions and punishes him if he does not
 '"The emotional insanity theory is en- tirely rejected in this district" said he.
 'If there is reasonable doubt of the defendants mental responsibility the de- fendant should be acquitted"
 The court spoke of former Senator Browns moral delinquencies, which he discussed with some sharpness, and added:
 'in passing moral judgments no man can weigh in equal balance the man and the woman. It is impossible for the manly man to withhold condemnation when a man seduces and abandons a woman. In this case, as in all others" he adfled, i've have only the course of duty to follow
 Though referring to the pardoning pow CT of the President and the discretion in the executive, he pointed out that mercy was no part of the jury's prov ince.
 He told the jury to begin with pre- sumption of entire innocence and ex- plained that even the fact that Mrs l-.-adley was once indicted flor adultery in Utah) is not evidence to be considered by the jury The presumption of inno- ccnce protects the accused person step by step, and the case must all be proved by the evidence The whole value of the famous 13.o00-word hypothetical question. he pointed out, depended on its not including anything which the jury does not believe to be true.
 Tt is true,'' the court said, mo sane person has the right to kill another and no r11affer how wild the passion ar i,,