The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-02
COURTS RULING
FOR THE DEFENSE
Decision to Admit Question
When Finally Agreed Upon
by Defense Regarded as NJ
Victory for Brothers.
Legal Ground for
Acquittal. D.
BY WALTER EDWARD HARRIS

II WALTER EDWARD El14ARIk1Ss
CULPEPER, VA, March 1.-The trlnl
&c the strother boys for killing Will
10 a dead stop to-day, so little pro-
gress was made. The surprise sprung
by the defense in undertaking to es-
tablish emotional insanity as plea
in acquittal was responsible for the
delay. a few moments after court
this morning the defenso a
submitted to DIR. Charles III. Clarke, an
alienist from the government Hospital
for the Insane In Washington, y
lengthy hypothetical question, tnvoly-
ing the facts which defense claim have
been proven, concluding with direct
question :ls to how the expert would
characterize the homicide.
The prompt objection of the prosecu-
ton. based upon tho ground that the
evidence did not support statements Of
alleged fact contained In the question,
caused the court to order that the jury
he withdrawn when argument begun
upon the statement OF the question.
Not Laid Ground for
Introduction of Evidence.
The prosecution contended with much
yigor that the defense had not laid
ground for the introduction Of stesti-sSs
.mony to prove the mental unsoundnesa
Of the Strothers when they committed
the homicide. 1t was contended that In IN
order to set UP a plea of that character
1T. must be- shown that tho defendants
were Of previous unsound mind.
Mr. Keith made an able 4argunent
against the introduction of tho plea Of
emotional insanity or irresisu uble inlr
pulse, the doctrine not being generally
recognized Captain Woods con1bated the the
defense on these subjects also HaKlns
most lucid and forcible argument
against the doctrine. as Wen ;os g
against certain statements recited In the
question as proven. Mr.. Lee. Mr.. Ieftries
and Mr. Moore presented the side OIL
the defense. =,
1t was asserted that ground for the
plea had been laid in the opening state
nent of the case of Mr.. Jeffrles al
though the prosecution contenus lhaI hl
tho statement did not show that thtss
defense might make such plea Judge
Harrison decided that q question framed
along the lines of the one submitted by
fhe defense in the first instance mghr'
he admitted, but told counsel 70 Try
to get together and have the tinterrosa-
tory contain only such things as had
been testified to.
Consumes Whole Day 3s3I
ii Effort to Agree
EForts to reach aniagreement of this
character consumed all day. 1t Is prob
able the question will be ready ..I.r lo..
submission to the alienist When couIs
convenes tomorrow. But sl ,,hp ~. W..
|
Attorney OF Albemarle for tnirtS = y,
! cars. remarked tonight that It's; !
tbe tirst time in his experience {thaLl
| /, question has been propounueu ~ Y. u.
,,ass as soon as court conNencu ~ ~" ~
morning. and at nightfall was st.li vi VI
answered, although the court ll'l" ll'' ps'et. "
sitting all day. -, 80 ~ +hni
,,,nhs sd,scused '.unwrltten law 70 Gay -dyay
aan,,r;nr that circumstances could tpt NY
i,,.tifv onv man in seeking to take tno
! INV into his own hands and rlghuns sn.S
wronrs The law exists for Just suc'l ,
n,,rnnse. The statement was interestlhss
chiefly because of the fact ina . the w. ".
written law Is being discussed % SUI SUI.
n great extent, but it did not Jay uoWis Vns
nny new principle. The courts DO .noe
,'acanniyo 80. s,,ch law, but do not deny that
the Jurors, pres,lming to judge the law
nc vel, as fact. make circumstances
Ground for acquittal as we'll as mitlsa. y.
| tion. The testimony Of the alienist VIII
nrobably consume all Of Tomorrow. INC ING
| prosecution will be allowed to present 9lo
| him a Hypothetical question also, uilu
! before this Is allowed 1t may ne tnerf
| will be another legal discussion as iotlH
as the one with which counsel Eenter-
tained the court to-day. The cross-eMS- N
animation OF tho expert witness VIII also
rcuuire considerable timc
Not Likely to Reach
Jury Before Wednesday.
II would not be surprising II the case
did not reach the jury before tho middin
| of next week.
marriage In .'court' circles created
| a diversion to-day from the tiresome grlni
! OF tho trial. Miss Helen L. Johnson, owe
! of the best known young ladies Of Cul-
| peper. and Bolts Strother, of Welch, WHO
came here to attend the trial Of MS
| cousins, were married this afternoon ny
| Rev, Mr.. Ware, OF the Episcopal Church.
| The pair left on tho afternoon train ier
| Washington, where they will spend several
| days before returning to the home or tha
| groom, Tho couple We're not ensaSen
| when Mr.. Strother returned hero a week
| ago.
\ The decision of tho court in admitting
| tho questions designed to establish tla
| plea OF emotional insanity Is undoubtedly
1 Very favorable to the defense. lt VIII
|, allow tho Jury to acalit, on that ground.
instead OF under the unwTitten law.
is believed that tho prosecution VIII ask
for n verdict OF mansaushter, ana tnao
the defense wished to head OH the
81