Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-06
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anything to indicate that the defendants
wanted to kill Bywaters. He referred to
the testimony of Dr. StrOther and Mrs. By
waters. The defendants strove to keep
quiet the scandal that Bywaters had
brought upon them
And from what l have seen of Jim
Strother,' he said Il think he would rather
have died than to have brought dishonor
upon the honored name of his father, whose
body is sleeping in the Masonic cemetery
near here.
Jim Strother he said knew that news
papers would seek the facts. should he kill,
and thereby advertise his troubles to The
world, and that was just what he wanted
to avoid. The facts, he thought. were suf-
ficent to show that the defendants did not
mediate the shooting of Bywaters. He
said the testimony of the experts showed
conclusivelSV that the shooting was done
suddenly and impuisivefy, the result of
stress and strain.
IF there has been greater stress and
strain upon the minds of any Virginian than
recting his remarks to the attorneys for the
state, then we'll surrender
Attorney Moore closed his argument at
II 40 o'clock and was followed by John M.
Lee. who made the closing argument for the
defense.
The Insanity Plea.
He spoke upon insanity. saying that de-
Tense had been interposed in this case. not
as an excuse for bad and wicked action,
but for the purpose of demonstrating that
the highest, noblest and best of human
minds may, for the time being, be overcome
and dethroned. There never was minute.
counsel said. when marriage entered into
the mind of Bywaters. He told of the
conduct of Bywaters from the days when
Viola Strother was tot in short dresses
to the time when he told her that her
| ruin would make his love for her stronger.
The angels in heaven must have wept
sci. land the fiends of hell must have
bowed their heads if they were permitted to
look upon it,
TIE jurors were told of the advice given
Bywaters by DR.. Walters but even after
that. he said. Bywaters was unwilling to
relinquish his purpose Of having the opera
ton performed. DIR. Leon of Washington
was mentioned in this connection in a most
-scathing way.
Attorney Lee had not concluded his ad-
dress when the court took a recess for din
ner. After recess he resumed his address
to the jury, the understanding being that
Capt: Woods Would make the concluding
argument before adjournment, even if a
night session SHOULD be necessitated.
Opening Al guments Yesterday.
Judge Harrison adjourned court yester-
day after two of tie five addresses to the
jury had been made. During the entire af-
ternoon the court room was crowded with
spectators, many of them having been
present at almost every session. Good order
prevailed. the spectators Beng anxious to
hear what Commonwealth Attorney Keith
and former State Senator John l.. JEFF
fries had TO say about the case. Mr. Keith
was a stranger TO most of them. but they
knew Mr.. JeffrieS. who is native of this
county. and was sent to the legislature
from here before he removed to Norfolk.
MIR. Keith outlined the for the state
and told of the construction the common
wealth placed upon the several happenings
at Rotherwood the night of Saturday, De-
cember II, asserting that the testimony
tended to show that Bywaters had done
what he could to repair the wrong alleged
against him, and denying that he had
| made any effort whatever to desert his
| bride. 1t was his contention that the oc-
eurrences at Rotherwood preceding the
| death of BywaterS did not take place as
| they had been outlined by the witnesses,
and. several times he took occasion to re-
| mind the jurors that the testimony in the
case had come from members of the
StrOther family.
! Mr.. Jeffries followed in an argument that
! was made to appear as a heart to heart
| talk with the members of the jury, dealing
! with the case in manner to show beyond
any doubt that he is heartily in sympathy
| with the so-caled 'unwrtten'' or higher
! law, and while he dwelt at length upon
| the plea of ''impnlsive insanity" upon which
| he asked for an acquittal he frequently
| reverted to the moral side of the question
| asked the jurors TO place themselves in the
| position of the defendants ant then to saw
"iidl tiiSS "Oulu nave done under the cir
cumstanceS.
| Mr.. Jeffries did not hesitate to say that
byWaters had received the treatment he
| merited, and argued that the sad cir
| were enough to dethrone the reason of any
| man and cause something greater than
anger in almost the last degree" quoting
| the language of witness.
| If there is to be a departure from the
| time-bonored right of a man to protect the
| honor of his family he stated, Il hope
! the beginning will not take place in Gull
| pepper county, the place of my birth"
| The address of Mr.. Keith consumed about
one hour and forty minutes. Mr.. Jeffries
speaking about two hours. 1t was about 6
| o clock when the latter finished his adj
| dress and court adjourned.
Virginia in the Limelight.
The eyes of the country are upon the
state of Virginia" said Commonwealth At
| torney Keith, and is Virginia going to let
it's laws be violated and it's violators he
permitted to go, unwhipped of justice? If
! the reason advanced is a valid one. so we'll
| and so good. but if it is not valid the COM
! monwealth will insist, and do so vigorously,
that punishment be meted OUT
Counsel argued upon the legal instructions
| which the court had read to the jury and
| said that under one chain of circumstances,
! the defendants should be convicted of mur-
| der in the first degree. while under the other
conditions verdict of manslaughter should
| be returned
| THE court tells you that if they were in
sane they are to be acquitted said coun-
| Gel so says the commonwealth" he
added land SO says every body, but the
commonwealth contends now and will al
| ways contend that their reason was not de-
| throned. and that the plea was put in by
| ingenious counsel. l will admit, however
| that had | been counsel in the case l would
| have entered similar plea. Insanity is a
| legitimate defense in both criminal and civil
cases but II is necessary for counsel to
come to the test as laid down by the court
| which is that their reason had been swept
i away, and unless you believe that such
was the case you cannot acquit.''
I Mr.. Keith argued to the jury that the de-
| PENDANTS delberated over the affair and
! said: We must not let him leave here to-
| night" They determined 20 keep him
| there, peaceably if possible and forcibly If
: necessary. The deadly weapons were used,
| and, said counsel. their use causes the law
! to presume malice. When the marriage
| had been performed and the provoca ton
| wiped away, he said, they became calm
| and deliberate while discussing matters
| downstairs. This elaboration was the
| cause of their forming fixed purpose in