The Washington times., 1907-03-01
Attorneys Bandy Quips.

..1f yo, honor refuses 10 admit TINS
,,,,ar+io,, Won nut yourself in the posi-
tior of knowing more about INSANITY
man this expert and this jury saiu
Mr.. Moore in conclusion
Counsel for the State duotee tr nam
uton 70 sustain their contention. Az
.,o,,S for the defense read from
Ill ,,.rittan nv DIT. Hamilton many
H,eeTs later i'm which he sided with tiie
nropOunding OF the hypQthelil,C.dl - S[,;c
M Keith said. "Dr. Hamilton WIotS
t,at vrbeu he was an old man anu Qlu
,II,t have as much sense as when ne
v-rote what / have just quoted. 49,.
| 'Titters of laughter went over INC
Sa1toin Moore finished for the state
ne Said 40 expert should be allowed 20
answer the question unless II conIalneu
! An the facts. Captain Moore stated the
/ facts omitted from the query
| Counsel Insisted that interrogation OF
~ 5efendants by the States repre-
sentatives elected the Nct thdt ooth
| had "a definite and deliberate purpose TO
/ kill Bywaters- .ho foot
/ thai neither OF the defendants pursued
| Bvwaters downstairs when he first ran.
Argued for Two Hours.
Today counsel for the accused took a
different tack. They put an alienist. DR..
clark from Washington, on the stand
70 prove TO the jury that the Strothers
were irresponsible on the night Of the
murder.
| For more than two hours five OF Nir-
qi,ia's most able. learned and eloquent
furists locked horns and wrestled WIN
the proposition Of the admissiolIty oil
fSor aImost half an hour Attorney
! Moore read the hypothetical question
starting with events dating back 70 She
death OF the StrOthers' mother ana ne
Il admiration to her son James 70 laAt
care Of Viola down to a few hours after
Bvwaters had sunk into perpetual
slumber. 49, - a.
/ ascertain whether in DR. CLARK oplnloi
The Strothers' knew right from wrong
! i'm their frenzy born of heller tna'
T,-yyaters was deserving their I'M
rneasurablv wronged sister, and whether
. or, not in his opinion. they could nave
? resisted an impulse to do a wrong. al
though they knew II 10 be a Wrohs
! thus shifting the plea from one OF JUS
tifcation and excuse to momentary. I'm
, pulsive or emotional insanity.
; Defense Gains It's Point.
e Judge Harrison. one of the mos
: learned lawyers in this State. ruled tina
7 the hypothetical question propounded b.
the defense could be answered in VieV
OF the fact that the sanity or insanit
of the defendants was a question Of fac
for the jury to determine and they wer
entitled 10 hear any evidence that nigh
enIighten them on a question whic
| they had TO decide.
This means that the defense can has
= its hypothetical question Of the fact
e and assumptions as it sees II and IN
a state can do the same.
81 shall instruct the jury" said Judg
80 Harrison, that the question as 70 IN
y responsibility OF these defendants rest
q with them,
a Nor about the 'unwritten law
: which some reference has been made i
! this case, / want to say that no sue
thing is recognized In this State.
'"There is no such law that gives
m man the right TO take upon himself II
Re Fighting of a wrong and expect the Ia
lie Of the statutes prohibiting such a thin
to protect him.
"a Refuses Compromise.
r Il don't argue that they can't do q
~ they can before the jury to mitigate Il
or seriousness of this sad affair or 10 sho
n the excitement under which these d
p. fendants were laboring when they bic
"a out this mans life" said Captain Moor
will you consent TO let the expe
~ stand as ! did and let the court instru
2 the jury to give the benefit OF the dOu
- as to sanity as was done in the Sickl
Is case?" asked Mr.. Moore.
H. I'll answer no question" said Ca
lis tain Woods. We'll argue instructor
m when we come to them.
a Il said to this court that if you let
man who is high tempered and hi