The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-06
KEITH MAKES FINE.
OPENING SPEECH
Followed by Mr., Jeffries, Who
Stirs His Audience, Evidently
Irnpressing Jury.

Phil Strother looked extremely pale
when he appeared in court at 9 o'clock,
accompanied by his brother but he did
not give indication of suffering pain or
nausea. The courtroom was crowded to
it's capacity, and the doors had to be
closed by order of the judge before more
than half of the people who desired
admission had succeeded in getting in
side.
Judge Harrison, as soon as the jury
had entered the box. proceeded to read
the instructions which he had prepared
after argument of counsel on both sides
yesterday. The instructions were printed
in The Times-Dspatch lthis morning.
Mrs. James Strother accompanied her
Z husband into court and sat by him dur
ing the afternoon. Mrs George VIII
X liams. cousin of the Strother boys, an
4 elderly lady, occupied an easy chair inn
inediately in the rear ~ Phil, and watched
him closely, evidently uneasy lest he be-
come too i'll to stand the severe strain
longer.
At 2:2o the reading of the instruc-
tions was concluded and Mr.. Keith
proceeded to open the argument for
the Commonwealth. lie congratulated
the court and the jury upon the fact
that the last stage of the case was
about reached.
galue UuTueI1 idEtlnS Us INC SOlll-
monwealth's attorney has fallen upon
me- he said. He is Commonwealth
attorney of Fauquier acting in the
stead of Commemorative Attorne;
Waite, of Culpcper, who for special
reasons preferred not to appear in the
case. After n few more or less gen.
eral remarks, Mr.. Keith said: ".rto
law is the guardian of the people. II
stands guard at your homes while you
are away. Fear of the law Is a most
wholesome condition. the shield aud
the guardian of all the people. 1t has
no regard for station or class; it car
take the king from the throne an.
cast him into prison"
He spoke in more or less natura
tone, his voice slightly elevated. Hi
manner is attractive and impressive
AIR. Keith proceeded to assume tina
everything charged against Bywater
had occurred. The brothers had per
mitted the metriage and permitted BY
waters to remain in their house 70
some time, and then, sitting togethe
downstairs, had determined that If Ii
tried to leaVe the. house they woul
Fermentation"
There was the premeditation," h
said "rhe act they committed wa
i
with calm, deliberate purpose; the
had no right to say to him he mu:
stay there that night If they killc
him when he was trying to leav
after they had made up their minds
kill, II that condition arose, the a.
was murder"
Mr.. Keith then described the di
ference between first and second d
gree murder; reconciliation raised Ii
crime to first degree. Again Mr. Kei
enfosced the declaration previous
made that the boys had no right
kill Bywaters at their home, If
III chose to leave; but he said that @
trelne anger, II the jury believed the
was no hNed purpose, sGdGen a
q determined upon under extreme prov
$ cation, the crime was mansihGght,
The defense had pleaded insanity
order to escape from the conclusion
had laid down.
The question OF reasonable dou
had no application in this case, sa
st, as to whether there was prcnedit
tlon,
Mr., Keith had spoken less than N
an hour when Philip strother had
retire TO the open Air in order to
cover from return OF the naus
which had prevented his appearing
n tho forenoon.
After ten minutes spent in the OF
air young Strother returned and v
given the easy chair Mrs Williams !
been otcupying, Mr.. Keith took up
thread OF his argument, discussing
detail the difference between IN
der IN the first degree and m
S slaughter, discussing the courts
az structions scriatm.
These men killed that man witt
deadly weapon. and If there was
5provoration 1t was murder" he
e.aimcd- IF there was provocatior
~ was manslaughter, Proyocation d