The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1907-03-12
THE STROTHERs ACQUITTED
"UnWritten Law Frees Brothers
Who Defended Sister.
Virginia Judge Says American Juries
Will Not Punish Men Who Up
hold Sanctity of Home.

| "
Strother were acquitted of the MUIR
der of William F. Bywaters, whom
they shot to death as he was fleeing
from the room of their sister the
night of the day they had forced him
to marry her.
The verdict was regarded as prac-
tical application of the unwritten
! law. This was borne out by the
| comment of Judge Harrison, who
| said after the jury came in:
Gentlemen, | am glad to hear you
say that our women must be protect
I ed and that no punishment shall be
melted to those who deal with man
( who invades the home. l have no
censure for your verdict. Go to your
homes and l hope you will find them
as you left them.
"Your verdict, gentlemen, has fol-
lowed the precedents of American
juries generally, so far as they have
come under my observation. Law
books may lay down correct doctrine,
but American juries will not punish
man who kills another if that other,
by aggravating and base treachery
invades the sancity of his home cir
Gle and destroys its peace.
you have listened to this evidence
with scrupulous care. You have been
assisted by able and eloquent repre-
sentatives of the commonwealth and
defense to reach righteous verdict.
] know you to be men of high char
acter and high purpose and the YER
dict is in accordance with the dictates
of your conscience. This is all the
Court could wish, and with it the
Court is satisfied"
poll of the jury showed that
every man voted for acquittal on the
very first ballot.
The jury was out an hour and
half
James Strother burst into tears
when the foreman announced the
verdict. HIS wife also wept.
Lawyers Moore and Lee, for the
Defense sprang to the jury box, and
shook the hands of every juryman.
Judge Harrison could not keep or
der in the courtroom. A roar of APP
plause greeted the verdict, and the
hand clapping lasted more than
minute. Evidently the verdict re-
ceived general approval.
1T is just what we expected, said
Philip Strother, his brother James
concurring.
I'VE kenw that we had not done
wrong" they stated, but we had to
wait long time to know that the
jury believed it.
Judge Harrison was deeply affect
ed as he expressed his thanks and
approval to the jury.
The story of Mrs. Viola Bywaters,
widow of the murdered man, did
much to exculpate her brothers. BY
waters, handsome, dashing, fox
hunting Virginian, was her cousin.
He took her to Washington, where
she nearly succumbed from the ef-
fects of three operations.
Her brothers, becoming cognizant
of her plight, demanded an account
ing from Bywaters. He promised to
marry Miss Strother.
The ceremony was performed
while the girl was dangerously i'll in
bed Under the Virginia law a mar
riage is void if the bride and the
bridegroom do not remain in each
others company.
Bywaters tainted the Strothers
and bitter quarrel ensued. He in
sisted upon leaving the house, and
IHey ueCldFeu NE SHOuIu HOt HelT
story was that Bywaters dashed out
of the window of his wife's room to
porch, evidently intending to flee.
They shot him, and he died instantly.
Within an hour after the verdict
kilograms of congratulation began to
come so fast that the newspaper men
were forced to file continuous story
in order to hold the wires The tel
orro RI
where.
John L. Jeffries, senior counsel for
the Strother brothers, said: 1T
means that the traditions of the past
in our State are adhered to and that
no man who in good faith defends
the women of his family even to the
taking of life hereunder, need fear
condemnation from our juries.