Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-03-05
THE STROTHERs TRIAL.

N~-Ni N"N~~~ " PS'tPShoHtSHN "
this morning.
Much TO the surprise of the spectators
in court yesterday Meth er session OF tbs
trial was fraught with any sensations.
The important points which the sttor-
neys for the prosecution hoped to bring
out did not materialize, and before the
noon recess vas taken Mr.. Keith an-
nounced that the State would rest its
case.
First Of all, the acting prosecuting at
torney was unable to produce DR.. j. w.
DeJarnette, of the Western Hospital by
whom he had determined TO contradict
some of the statements upon the stand
Saturday BY Dr.. Charles Clark, OF Wash
iDgton, and whose testimony was wholly
in favor Of the insanity plea raised oV
the defendants. DR.. DsJarnette had
been summoned as a witness for the
State, but he notified Mr. Keith p: the
last minute that his duties wO1id not
permit his leaving the institution.
With the exception OF an admission
while upon the stand that he testified
before the corOuer's Jury that the win
dow of Viola Bywaters' room was down
at the time OF the shooting, the evidence
of T. L. Gaines, brother-in-law OF the
Strother boys and an eyewitness 10 the
shooting, wLo was considered star Wit
ness for the commonwealth, failed to
give additional iacts bearing upon the
murder. The relative Of the prisoners
made the poorest wilness of any who
have yet been summoned to give testi-
mony and showed preceptible nervous
ness while facing the attorneys for the
prosecution, but, by taking plenty ii
time in which to make replies TO ques-
,ions propounded to him, be prevented
little from being drawn out Of him that
would have q detrimental effect on the
case of the defendants.
After working continually for four
hours last night in bis apartment at the
Waverly Hotel, Judge Harrison COM
plrttd the instructions Shich arc to 60
10 the Jury today. There are 20 in all,
and cover eight typewriter pages
In he first part of the instructions
| Judge Harrison defines the various
classes of homicide, and gives in brief
the statutes covering each crime, as vel
as the penalty prescribed therefor.
Tn summing up the rules by whic b
the jury must be governed in reaching q
verdict, Judge Harrison says:
"If the Jury believe from the evidence
that In his state of mind at the time o.
the killing the accused might reasonably
infer from the acts and conduct OF the
deceased Immediately preceding the
killing that be intended to desert his
sife, and tina. be made an effort 81 to do,
and that such efforts would naturally
and reasonably incite in his mind great
anger and passion, under all the facts
and circumstances Of this case, such as
to control his reason and will, ana thai
under the influence of such passion and
anger, and in pursuance of any precon'
ceiYed purpose, he killed the deceased,
then he is guilty Of manslaughter, and
the jury should so find.
"1f the jury believe from the evidence
that stress or strain upon the mind Of
the defendant at thdtime of the commits
sion of the homicide, arising out of the
conduct OF Bywaters, the deceased, and
all of the other fsets and circumstances
of the case so operated upon the mind
of the defendant as that his reason was
dethroned and his mind so impaired as
that be became temporarily insane, as
defined in these instructions, and that
he was thereby rendered incapable Of
governing himself 10 reference to said
Bywateis. the jury should find q verdict
of acquittsl.
"Egen though the jury should believe
that the witness, Z. l.. Gaines, may
have made come statement or statements
at the coroners inquest inconsistent
with his testimony In this case, yet never
theless, they have no right to consider
such inconsistency, except for the single
purpose of contradicting the witness
HIMSELF such Inconsistency must not be
used or considered as bearing on the
truthfnlness of the defendant, or as bear
ing on the guilt or innocence, or in any
msnner whatever to the prejudice of the
defendant"
Culpeper, Va, March 5.--When
court convened at $3.50 O'Clock and
Judge Harrison settled himself in his
chair to deliver his instructions to the
Jury, Attorney Jeneries announced that
the younger of the defendants was too
i'll to appear in court According to
tho constitution every man placed on
trial for his life has the right to hear all
the evidence, argument and instructions
for and against him.
Mr. Jefries called DR. II. T. Chelf TO
the stand DR.. Chelf, who attended
Mrs Viola Bywaters after the opera
zion, said he had spent the greater part
of the night By Philips bedside. Inc
physician declared Philip complained OF
violent headache and pains all over
his body The sick man did not sleep
any, and was naussated for many hours.
Dr. Chef said he thought it was the
grip. "He wanted to come to court.
SAID the physician, "bul ] advised him
not to.
"Do you think it would be dangerous
for him to como out y asked Prosecutor
j. A. C. Keith.
yes" WAS the reply.
Judge Harrison suggested that Philip
be brought to court on a couch and
made comfortable on the Judges bench
stand.
"There is still probability of mis-
trial, " said the court.
The illness of Philip Strother caused