The Birmingham age-herald., 1919-12-18
OVERHEARD CONVERSATION

testimony, stated that ne udu coine uoilo from repairing a house in the neighbor- hood near by, and was under the floor of the house with some lumber, when he overheard his wife talking on the tele- phone to someone about a bungalow. He went upstairs and asked his wife who she had been talking to, and when she answered Mrs. Screws, he rang up the lady, who told him that she had had no conversation with Mrs. Cutcliff
 Burgess was crosS-eXamined by Captain White, who endeavored to show that this was the same morning that the cutting occurred Burgess answered that he was rot sure, but thought it was the same morning.
 Burgess testified that the defendant both while at the city hall and at the county jail appeared as man who was very nervous, stating that MT. Cutci1ff looked the same as woman Wno was hdVihs 'nervous mysteries
 Following the testimony of Burgess, showing from George Bondurant, an- other witness for the defense was intro duced in the form of letter, MT. ALL man explained 10 the court that MT. Bon- durant was una ble to be present owing to serious illness. The written deposition of MT. Bondurant was practically in nne with the other testimony Of witnesses wno had stated Cutclif had often acted in an
  nervous man.
 MRS. CUTCLIFF IN COURT
 At the beginning of the morning ses- sion of the court Mrs. Cutcliff, wife of the defendant, was brought into court, ana excused from the rule" for the remainder of the trial She took a seat a few feel from her husband. and directly behind James Davis, prosecuting attorney. She showed no emotion during the whole or the day and remained calm during the Testimony of tLe witnesses and the opin- ions of Dr. Leland and Dr. Wheian.
 Dr Charles Whelan testified that he had known the defendant for a number Of years, and that he had noticed a change in his demeanor and actions some time ago.
 was put to Dr. Leland and in answerns' stated that a man who had acted like Cutcliff was certainly crazy
 Dr. Whelan stated that he was not an expert on mental diseases and also that he was not able to differentiate between the several kinds of mania, but onty knew when a man was crazy ana when he was not Dr. Whelan underwent the same cross-examination that was gwen Dr. Leland.
 He admitted that while Cutcliff was in the county jail he suggested the place was not exactly the right place for a man undergoing the great mental strain as he said Cutcliff was. He stated that ne accompanied Cutcliff to the hospital Tn New Orleans, and on the trip the defend- ant acted like a crazy man, crying ana acting in very nervous manner
 NEITHER ATE NOR SLEPT
 "The man." stated pr. Whelan, neither ate nor slept on the entire trip and was extremely nervous during the whole ol the journey to New Orleans"
 w. M Cutcjifr. father of the defend ant, was called to the stand during the morning session and testified that his son was often subject to fits and spells and that on several occasions he had conducted the business of his son, whom he stated was at those times in no condition to handle it himself
 He also testified that he saw his son immediately after the cutting, and that Cutclir was crying and wringing his
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