The Birmingham age-herald., 1923-12-21


 to do so.
 be impelled to the commission of such unlawful act, or should do so under some irresistible impulse pro- duced by such disease, or disorder, there can be no criminal intent, and such persons could not be held crim- irally responsible.
 "A general rule of law is that if man has mind and reason suf- ficient to distinguish between right and wrong in relation to g. particular act about to be committed, he is crim- inally responsible. An exception to this rule, however, is where a man has reason sufficient to distinguish between right and wrong as to a particular act to be committed, yet in consequent of some delusion or some disorder of mind the will is overmastered and there is no crim- inal intent. Provided that the act itself is connected with the peculiar delusion, or disorder, under which the prisoner is laboring.
 "The burden rests with the defend ant to show insanity, or mental ire sponsibility, at the time of the com mission of an alleged crime, if he committed such acts, where insanity, or mental responsibility beyond a reasonable doubt, it is sufficient if such defense be established to the satisfaction of the jury by a pre- ponderance of the evidence.
 prepondernnce 0f Hvidenee.
 By a preponderance of the evil dence is meant the greater weight of the evidence upon the issue involved which, while it may not be sufficient to wholly free the mind from a reasonable doubt, is yet sufficient to incline reasonable and impartia mind to one side of the issue rather than to the other.
 "The law presumes that every man is of sound mind until the contrary appears. Hence the rule of law that such presumption should be rebutted by a preponderance of the evidence at the time the offense is alleged to have been committed if it was com mitted. Unless there is .preponder- ance of the evidence In favor of the Insanity or mental Responsibility of the defendant at the time the acts charged in the indictment were com mitted, if they were committed the jury would not be authorized to ac- quit him of the offense with which he is charged on that ground or the defense alone. The jury should look to the evidence and determine wheth- CT the preponderance of the evidence lies"
 The judge also gave the customary charge to the effect that upon the state rests the burden to establish by proof, the truth of each and every material allegation in the indictment beyond a reasonable doubt before a verdict of guilty would be author ized.'
 The fact that defendant did not make a statement, lis not to be taken by the jury in any manner against him." the judge instructed.
 Fox today was seemingly uncon- cerned as opposing counsel delivered their speeches to the jury which is to pass on the charge that he mur- dered William S. Coburn, a klan at- torney on November ,.
 Pale and Haggard, Fox who de. fense witnesses testified, is a para noiac, displayed no interest when As sistant Solicitor General E. A. Ste phens said he was not insane but "a red handed murderer, guilty of one Of the most heinous crimes ever com mitted Tn the state of Georgia"
 Fox also was apparently rnmoveo by the statement of Robert w. Allen Dallas, Texas, a member of defense twas the most remarkable case o1 insanity that has been proven in a court of justice in the history of the world
 Offers To Aid.
 If you find Fox not guilty" MT Allen continued, T, myself, will take the stand afterwards and testify in order to have him placed in one of your institutions for the insane There are others who also will aid.
 Attacking. the prosecutions charge that Fox planned to enter Coburn' office and shoot the attorney through the back, the Texan de- clared the fact the defendant entered present was indicative of insanity. Fox. he added, could have returned later and found his victim alone.
 Fox was insane" he asserted ''and he is now neither accountable to God nor to the law
 Mrs. Fox, who has been by her husbands side throughout the trial held his hand while prosecution at torneys ridiculed statements of de- fense counsel that if the defendant were found not guilty. he would be sent to. an asylum.
 T deny that" the assistant solici- tor shouted. 'If you set Fox free he will never see the inside of an asy- lum. His friends say he would be sent IneIc put WILL tiCy SCO SO As'
 O O O
 Widow Of Slain Man Paints.
 Did they put him in safe place in 1918 when they say they first dis covered he was insane? They did not do 1t then and they would not do it now."
 As MT. Stephens reached the height of his address Mrs. Coburn, who has been a constant attendant at the trial, tainted. In a few minutes she was revived
 In each aisle of the courtroom a human mass of spectators was packed closely watching principals in the case. Fox, his face twitching and his elbows resting on the table, before him. gave no heed to the stares. His S-year-old son. who ap- peared in the court room for the first time today occasionally turned in Mrs. FoX's lap to gaze at the crowd.
 Defense counsel denied prosecu- ton charge that Fox did not hear sstha x,o;o. of Codo falling him to