Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-07
STRO7HERS WILL HEAR
FATE THIS MORNING
Arguments We're Completed al
Ten O'clock Last Night and
Court Then Adjourned.
WOODS SPOKE FOR FIVE HOURS
tie Covered Every Phase of BY
waters Killing in a Mastery Ar.
eument-Mr. Lee Was at His Best.
and Drew Wonderful Picture of
Viola Bywater's Misfortune.
tEy Associated Pressl

tEy Associated PreSs).
CUlPEPER, VA, March 6-The
case Of James and Phillip Strother,
CHARGED with the murder of VIII
liam F. Bywaters. their brother.in
law will go 10 the jury tomorrow
morning. After one OF the most
eXacting sessions of the trial the
ease rested at 10 O'Clock tonight
when Captain Woods closed the
with five hours speech, follow
ing which it was expected the YER
dict would be returned yet tonight.
Judge Harrison, however, stated
that several of jury were feeling
the stress of the long day and decided
TO let the case go over until morn
Ing. The defense opened at the
morning session with r. Walton
Moore's address to further sustain
the plea of emotional insanity. John
Lee followed his colleage, pleading
from 4 purely sentimntal standpoint
for the acauittal OF his clients. Cap
tain Woods, who tool, the case In
hand for the prosecution late In
the afternoon did not complete his
argument until every phase of the
story of the killing of Bywaters had
been reviewed.
Phillip Strother. whose illness
Yesterday caused a delay, was on
hand this morning long before Judge
Harrison assembled the bench. He
looks stronger than he did yester-
day. James Strother, accompanied
by his wife, was with his brother.
The jury was called, silence was
commanded and Judge Harrison
ncddei to II. Walton Moore that
he coulI proceed.
Moore's Argument.
Mr.. Moore got right into his ar
gument without any preliIninarles.
Inc State had contended, he eX-
claimed, that many improbable
things had been attributed to BY
waters, but the facts were that he
had deceived and misused the young
girl. that he had exceeded the prac-
tlce of all other deceivers in his con-
duct towards her in taking her to
Washington.
Inc prosecution had undertaken
to show that Bywaters had no in
tention OF leaving the Strother home
yet in the presence of the dying girl
ne mad laughed and sneered in the
race of her brothers and sisters:
he had calmly rolled and smoked
q cigarette while the girl lay in
The jaws of death; he had taken
the girl to Washington to undergo
an improbable" ordeal. the physical
eTects OF which had been seen by
the jury, OF forcing her to walk the
streets instead of providing a car
rage; he had done the "improba-
DIE tainS OF iearing the girl for
more tlan thirty hours unattended.
on bed of suffering while he went
10 look after his dogs in Loudoun
county. All these were "improb-
Speaker did not believe the Jury
would consider the Representatives.
The State had said that the de.
tense had not asked Mrs. Bywaters
or Mrs. Gaines about the raising
of the window. The State had ask
ell these questions; why?
Mr.. Moore referred to DR.. Cowie.
tue expert who had testified for
tile State, and called attention to
the fact that Mr.. Keith had not
referred to his own expert; no:
that phase of the case had been
left to the private prosecutor
whose deductions rivalled those of
Sherlock Holmes.
Mr.. Moore said there had been
no contradiction OF the testimony of
James and Phillip Strother. They
hal acted the part OF men, and had
come into court and told all the
facts with frankness that indi.
Gated their character. Tho picture,
III all its Ihideousness. had been
thrown upor the canvas. No denial
of anything that had been done had
been made.
Denies Charges of State.
The intimatlon had been made
that lawyer and doctor had
been hastily summoned to shape
mp a story to be given the public.
This was not true. The defense
was to be made along the lines of
many similar cases. except that the
Judge had conformed his nstruc.
tons to apply 70 the unusual fea.
lures OF this case.
No chart could be made of the
mind Cause and effects of a
storm could not be traced until 1t
had passed. Could any man make
a diagram of the minds Of the men?
They had, suddenly. thrusted upon
them the debauching of their sister,
the invasion of their home. the
treachery OF trusted friend. The
4. f.