Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-02

''S,'N'' ~ llill
with force
MIR. Lee argued to show. quoting
many authorities, that when there
mas been an invasion of home and
the deDauching of n member OF the
laniily, no man could be held Grim.
mally responsible for his acts when
confronted with these sudden facts.
Inc mental condition of a person un.
der such an impulse did not hint or
contemplate any disorder of the mind
previous 10 the enactment of the
ofense, and men charged with a
homicide under such circumstances
were not by any law. human or
divine, accountable.
MIR. Lee said his clients were arm
ell and that they shot Bywaters no
one denied that. II was clear TINT
there was no thought of trouble fol.
lowing the marriage. 1t was the
impulse created when they became
convinced suddenly. that Bywaters
vas trying to desert his sister,
Lat caused the shooting.
Mr. .Iefreries said that he proposed
10 SHOW That there was limit to
the capacity and strength of every
man ever created. The Creator had
never made mind of infinite power
ho' N'lueT Sllen stress
and emotion as had confronted
strothers at the moment of the
shooting.
Quoting from later authority
by the same author quoted by Mr
Keith, Mr.. JefYries laid emnhosis
on the later authority, which was
men.
but the writer was roro,u,,
ian man when he was in his ola
age, said MIR Keith. The difference
IN dates OF the volumes was sever
years. va
Captain Wood, referring 10 the
Sickles case in Washington. said
that the question of emotional in.
sanity mad been left to the jury.
we VIII accept the instructions
allowed in the Sickles case and
withdraw the Witness" said Mr.
Moore. "Will YOU accept?"
NO Instructions have vet been
ohered," replied Captain Wood. "No.
! Will accept nothing until l see
Captain Wood quoted from many
authorities and elaborated quotations
win his own Interpretation. The
question was to his mind most extra.
ORDINARY. unprecedented. ana remark.
ape he commended that a founda.
uon Tor proving diseased mind.
must must nrst be established. The cues
e e,oil was Worded SO as to have DR..
oiarKe characterize the homicide.
I hiu ~ might go further and ask
Mr.. Moore replied snving tho. J
the state would agree to accent an
instruction for mental irresnons,.
Dility" the defense would end tbe
examination right now.
Alter more than two and n half
hours of the legal battle, Judge Har.
Iison said the question would he
aailiitted, after some amendment,
me whole matter would come I'M
~ IN the argument on instructions,
.nere had been reference to the
uhWritten law" The court could
1 re-. nothing but the statutes.
me question of Irresistible impulse"
was one for the jury to decide. The
question woali be submitted to the
l,losecution and when it is propound
ed the reply of witness will go
10 Inc jury Judge Harrison did
not think 1t the province or the
court 70 say what facts did Or did
not establish responsibility. That
was for the jury
Inc defense scored on the All.
mission OF the question.
Hypothetical Question Allowed
When the afternoon session began
me prosecution requested time IN
examine the hypothetical question IN
De put to DR.. Clark. A DELAY of
over an hour resulted and DR.. Clark
was not placed on the stand until
Just before O'Clock.
The hypothetical question was q
long, comprehensive review az the
!acts or the case as presenter Inv
me testimony addmced I'D to this
tinie. ending with the direct interro
gation, How would you character.
lAe the mental condition of the broth.
ers at the time they committed the
homicide. with reference to their "a.
sponsibility?" " '"e'i re-
upon examining the question. Judge
harrison stated that he did not auite
understand the meaning of the con.
cliuing paragraph.
lou you mean legal responsible
NY 10y Dy your reference to responsibii.
ny for the homicide, 2" asked ,Jndee
f'a arson OF Attorney Moore.
:, NO. we do not" answered the
once. "se a'
:, commonwealth Attorney Keith
moved TO modify the form of the
hypothetical question saying that in
tne opinion OF the prosecution there
were too many deductions In the
question to make 1t fair to that aide.
After hearing several preceedents
covering the form of questions to
De presented to expert witnesses,
Judge Harrison ruled that the de.
tense had the right to make deduc.
tions within te evidence.
after fnrter argument the hypo.
, , question with certain inter.