The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-10
Argued That Only State
Should Engage Insan-
ity Experts.
JURIES FOUNDER
IN SEA OF DOUBT
Argument Advanced at Meeting
OF Bar Observation-Disclosures
to Probe Matter of Fees Paid
to Supreme Court Clerks
Adopted. F. Bullitt
Is Elected President.

especial From a Stan Correspondent
not Springs, Va. August a.--Tnsan.
ity VIII be Henry c. Beattie's defense"
declared B. Whitehead Cornmon
"ealth's attorney of Nelson coun,v {,
the course OF speech hegora IL.
virginia State Ber A.socfa,,nn 49,,
morning, After this plea has bnen
maze. he continued "Beatie's attor-
neys Will marshall together a host
OF insanity experts from various sec
lions Of the country. expanding
great amount OF money in fees for the
services of these experts In order Ia
meet this testimony. the Common.
wealth VIII also have to make a great
outlay for similar insanity experts,
who VIII be expected to undo the tes-
timony OF the accuseds experts The
result viii be confusion arising from a
mass OF conflicting opinion, and the
jury viii founder in a sea OF doubt,
probably inclining toward the accus-
cd because II is human nature TO Mace
moro credence in an imported expert
than a local one"
Merits Not Discussed.
The merits. of the case were OF
course, not discussed by Mr. White
head The conception Of the law Is
that no man is guilty of crime until
duly found 50 by jury of his peers.
which would have expert witnesses in
criminal and civil vasese employed BY
the State and rot by private persons.
Mr.. Whitehead who has served several
years as the prosecuting officers Of
Nelson county. has Wide experience in
criminal trials. including those for
murder Many famous burden cases
are recorded in Nelson's history
In ali cases of homicide" accord
ing 10 Mr.. Whitehead, I'm which in
sanity Is the defense. the Jury ought
to be required in It's verdict II IL
quits tho accused. 20 10 say. and then
the court ought to- be required TO
commute the prisoner TO an insane
asylum for life a man who is crazy
enough TO kill one man may XIII an
other He is a danger to society and
should he put where he can do no
further damage. II thin were done.
the plea would never be entered I'M
less it was meritorious. and we would
hear no more o: the brain-storm."
Mr.. Whitehead's reference to the
Beattie ewas the only one. There
was no discussion about 1t. though by
\ vote of eight 10 seven the associa-
ton recommended to the General AS
semby an expert testimony statute,
which. II adopted will reduce the
number OF experts in all cases. make
the private employment OF them IL
legal. and tend TO simplify evidence
and reduce the cost of litigation. Ex-
perts could not be the witnesses Of
either side II, criminal cases. The
court would. at the request OF the ac-
cused. furnish experts at the States
expense. This recommendation. of
course. may not be written into law
by the Legislature. but even II Il
were IT would not affect the Beattie
case
Would Abolish Fees.
Perhaps the most important action
of the morning session was the adop-
ton OF a resolution creating a COM
mittee which is to look into the mat
ter of the fees paid to the three clerks
of the Supreme Court OF Appeals. This
was offered by 5. S. P. Patteson, of
Richmond. who ably advocated It,
The probable outcome of this is that
this committee Will request the Cen
eral Assembly to put three clerks on
straight salary basis which would
not only do away with the high COM
pensat!on now received by tnem, but
would also make the cost of appeals
very much cheaper. Poor litigants, IL
this recommendation is enacted INTO
law. would have a much better chance
in the courts The committee Is also
to see if typcwritten copies of the
case records cannot be used. They
are now printed at tremendous ex-
pense to ltigants.
The chief event on the mornings
formal program was a paper by Judge
a. w. Wallace. OF Fredericksburg, on
"The Life and Character OF Lord
Brougham" 1t was carefully written
and was a brilliant review of. the ca
reer of the great English lawyer AL
though 1t took almost an hour in de-
livery, Judge Wallace. who is an ell
derby man, practically delivered il from
memory.
His Triumphs Recounted.
The numerous triumphs of Brougham
were recounted by Judge Wallace, who
devoted much attention to Brougham's
marvellous defense of the good name
OF Caroline, the only Queen ever
brought to the bar OF justice in Eng
land. This grea. statesman Advocated
the enlargement of the House of Lords
for purposes of state, just as Asuuitf
Is doing now in Great Britain. He
was elected to the regency of the Uni
versity of Edinburg over Sir Walter
Scott. Brougham was a great law re-
former, and is most remembered for
his services in that cause. He brought
about revision of the law of England
Eschewing the evil, retaining the good
he remodeled the judiciary, once max
Ing a six hour speech on this subject.
never losing the rapt attention of Par.
lament.
HE was a peerless example of vir-
tue and valor in peace. and was like
Lee" said Judge Wallace. 1T was
Brougham who paid the greatest for
eign tribute to Washington. Men, not
measures. are our greatest need
great men like Brougham," said Judge
Wallace.
- He said that his trust was still in
CONTINUED on Second Pagel