Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-03-04
THE sTROTHERs TRIAL.

been raised By the defense, was given by
two alienlsts, one of whom WAS present.
cd in behalf OF the State during the
trial Saturday of Phillip J. and james
A. STROLLER, charged with killing VIM
+. Bywaiers.
Determined to offset any effect that the
statement OF DR.. Charles Clark, Of the
Government Hospital for the Insane,
and sn expert on all mental diseases,
made 10 the interest Of the STROLLER
boys, might have on the Jury, the sttOr-
Deys Tor the prosecution decided TO call
"a alien!sr CD il,ii own aud presented
Dr. n. +. Drewry, superintendent Of
the Central Hospital, Petersburg. DR..
Drewry is one Of The best known author
ties on mental diseases in the State and
he gave q comprehensive explanation Of
mental diseases while upon the stand.
The surprising feature Of his tesii-
mony. however, was that lie not only
did not strengthen the case Of the Com
GOnwealth in attempting to establish
the fact that the minds of the deten-
dants were not deranged at the time the
killing WAS done, hut it is claimed that
enough was brought out before the jury
TO aid in no little measure the counsel
for the defendants in proving that the
StrOther boys were suffering from an ir-
resisiible impulse when they shot By
waters.
A good part of the afternoon session
was taken up in prolonged argument
between the opposing counsel relating to
the admission of rebuttal testimony
tending to show the good faith in which
Bywaters entered into the marriage con-
trsct with Viola, and which would tend
to prove the contention Of the State that
Bywsters had no intention Of deserving
his wife and leaving the country, as was
cOntended by the defense.
William Payne, a witness in rebuttal
for the commonwealth, was called. The
witness proceeded as far 40 the time Of
the meeting of Bywaters and James
Strother on the day of the murder. Wit
ness said that he had driven Bywaters
from his home 10 the point where James
Sirother had meet him prior TO Bywaters
leaving for Rotherwo0d. At this juno
ture Mr.. Moore, counsel for the defense
entered an objection to this testimony,
and, as the point was TO be argued, he
would request that the Jury retire.
When the jury had left the courtroom
the attorney for the defense argued at
length along the line that the testimony
to be deduced was entirely irrelevant,
inssmuch as it threw no light on the
tragedy itself or upon the mental con-
dilion of the Strnther boys.
Captain Woods, enc of the counsel for
the prosecution, made the contention
that, as the defense had introduced evil
deuce tending to impeach the good faith
OF Bywsters, the State had the right to
bring in witnesses and to prove that
he dead man was acting in good
filth inhis promise 70 marry Viola
and that he intended to remain with her
and support her.
1--WE desire to show," remarked eoun-
sel for the prosecution, that Bywaters
was acting in good faith, and even prior
to the wedding had mentioned the ap.
preaching marriage 10 several Of his
friends on the very dsy that he was shot.
We will show that he told friend that
Viola would get some property when
they were married, and that with this
money he could procure home and take
care of his wife."
An attempt was made daring the after
noon by the prosecution to introduce tes-
timony showing that Bywaters Ia marry
ing his slsyers' sister had acted In good
faith. After a lengthy argument the
court ruled out the testimony, d sclaring
that even though Bywaters might have
been "the worst man in the world, his
character wss not the issue on Trial.
The prosecution attempted to SHOW by
the testimony OF NJ. S. Remsburg that
Philip StFCther had been drinking three
days prior to the tragedy. For the de-
Tense Rev. j. w. Hare, who married
Bywaters and Miss Strother, anly CON
trsdicted Remsburg
Just before the adjournment Of court,
acting Prosecuting Attorney Keith
scored point By having a subpoena is.
sued for l.. l.. Gaines, brother in-law of
the 3trothor boys. Mr. Gaines has not
heretofore been summoned and it ia said
that his testimony may throw additional
light upon tho tragedy. Mr. Keith also
announced that DR.. j. |. Janette, OF
SrauntoD, an slienist, would be called on
Monday.
Culpeper, Va, March 4.-Judge
GrimOley, an uncle Of Bywaters, was
the first witness today and told of his
meeting with Bywaters on the day OF the
marriage.
As Juige Gdmsley was about TO
leave the stand he was asked About
telephone cow arsation he had with
some one at RotherwoOd Immediately
after the shooting. Witness said the
conversation as narrated by James vas
substantially true except as to the con-
clusion. James said Judge Gfimsley
dropped the phone receiver with an ex-
clamatiOn. The Judge said he ended
the conversation by telling James he
was coming out with the sheriff to get
him.
Clad in deep mourning with heavy
black veil over her face, Mrs. Bessie
rriplett, a sister OF Bywsters, took the
stand. She said her bother left home
about 9:l5 O'Clock on the day OF the
shooting and seemed to be in great
hurry. Witness was excused without
cross-examiuation.
Edward l.. Gaines was called.