The Birmingham age-herald., 1919-12-19
BEGINS
 IN CUTCL|FE CASE;
 EXPECT END TODAY
State Present Witnesses to Rebut Contention of De fense That Cutcliff Was
 Insane
By CLARK BOOTH

when he is alleged to have cut the throat of his wife, Mrs. W. H. Cutcliff. after taking up three days in the criminal division of the circuit court, is fast draw ing to a close. and will probably be giv- en to the jury today at the beginning of the afternoon session,
 Both sides rested yesterday afternoon. after an examination of several of the states witnesses in rebuttal After cit ing a similar case from the Alabama re- ports, Solicitor James Davis began his argument to the jury.
 Solicitor Davis made strong appeal to the jury, and tried to convince that body that the cutting of Mrs. Cutcliff was the "heinous, hellish act of man who was angry with his wife and who had premeditated the cutting"
 TESTIMONY OF DEFENSE
 You have heard the testimony of the defendants witnesses" stated Mir Da wis, "all of whom have told you that the man was acting in an irrational manner. You have heard them tell you that he was so affected that he wore shabby clothes and came into town with out his collar, wearing sweater, with his elbows sticking out of it. Just be- cause man dressed shabbily does not prove that he was insane, or of unsound mind.
 ''They have told you that he was fail ing in health, for some time previous to the cutting Was there any one better able to judge about his health than his wife, who has told you that he was in good health? She was with him all tue time, and should know about her hus- bands health.
 several of the doctors have given opinions that the man was Of an un- sound mind One of these doctors had never seen the man before and drew his conclusion from, the hypothetical ques- tion that was put to him by the counsel for the defense"
 Solicitor Davis appealed to the Jury to use absolute justice in determining the case, and forget all previous rela- tions that they might have had with the defendant, or with any of those concerned with the prosecutin
 CONTENDS CUTCLIFF INSANE
 At the close of Solicitor Davis ar gument, Mir Cahalan; for the defense, addressed the jury, citing all the evil dence that had been given to show that Cutliff was insane at the time the cut ting occurred.
 "rhis man." he said, was man of family, and had been married num- Der of years, and now has grown chill dren. Do you believe" he asked the jury, that he would commit the crime charged to him, in cold -blooded way? He was positively of unsound mind when the act was committed
 "The doctors, who are well known physicians of Birmingham, have given their opinion of the case and they have told you that they judged the man must have been of unsound mind when the act was committed.
 srrN Al, T na he had known the defendant for num- Der of years, and his opinion was that Cutliff had acted very irrational pre- vious to the time the cutting occurred. Dr. Leland, who is a specialist in dls- ease of the mind, when told of the cir cumstances of the case drew con clusion that Cutliff was of unsound mind All the witnesses that testified for the defense and who had known the defendant for a number of years have told you that he had acted in an irrational manner, and seemed to pc losing his mind"
 Solicitor Davis and MT. Cahalan each spoke for about half an hour the argu- ment of the latter bringing to close the days session of the court.
 CAPT. WHITE TO SPEAK
 Today the case will open with the address of Capt Frank s. White to the jury which will be followed by the ar gument sof John Altman for the de- fense. No limit has been put on the time that the two may consume. and 1t is expected that their arguments Will take up the entire morning session or the court.
 The charge of Judge Harrington P. Heflin will probably be given to the jury at the beginning of the afternoon session, which will bring to a close one of the hardest fought cases yet tried in the Jefferson county courts.
 The morning session of the trial was featured by clash which came when Dr. E. P Riggs was testifyins on the stand in the rebuttal of the state.
 APPRECIATION AvERTED
 Dr. Riggs took the stand on behalf or the state and lt was asked by Captain White as to Cutcliff's sanity. and replied that in his opinion the defendant was not sane.
 MT. Altman for the de fense asked Doctor. did you not tell Judge Cahalan and myself in your office some time ago that Cutcliff was insane and shoull be remo ovad from the jail?'
 The witness replied that he did, and MT. Altman then asked the witness: Doctor. then your statement that he was insane was true as you then saw it Dr. Riggs then asked MT. Altman if he meant to insinuate that he was not speak ing the truth, and placed his hands on nis ihips. Altman saic he coudl not be bluffed, and at that juncture the hailiff interfered. Tt was later shown that Dr. Riggs had not placed his hands on his hips for the pur- pose of drawing weapon, and that ne | had no weapon on his person at the tune The matter was then passed over and the case proceeded.
 The last witness for the defense was heard vesterday with the testimony of the eldest son of the defendant, who cor roborated the statements made by the | other witnesses for the defense. He stated that his father was subject to fits. ani that on some occasions it took two men to ] hold his father On this testimony the de- 1 fense rested. ant. then the prosecution, ny l the introduction of witnesses in reouttai i tried 10 show that the defendant had beer of sound mind.
 THOUGHT CUTCLIFF SANE " " pierce. mechanic for the Frisco railroad. who stated that he had knowi 1the defendant for seven years. and lo' some time had rented a house rom nun l testified that he had never found the ue' fendant to be q man of irrational minu- l He was asked if he thought the nc ' l was insane, when MT. Altman oplecten v the ground that the testimony was ifeo''' petent and. illegal. because the man WIS lnot m expert or this matter. After con siderable argument between Cap'al' ! | White and the defendants counsei. ui' witness was allowed to state his opinioil which was that "Cutcliff was sane al tne time he committed the crime
 The witness was allowed to repe1. | ( x>-tA1 1v~d