Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-06
Bywaters as Derelict.

leave the room at Rotherwood and desert
the woman he had ruined.
Counsel for the commonwealth" he ar
gued. had asked why we had not asked
Mrs Gaines about Philip drinking while on
the train, and why did not ask other
questions Of other witnesses. Are we to
try this case in a manner to make the lives
OF these men depend upon game of
checkers? And they want you, gentlemen,
TO send these men, dishonored and dis
graced, TO a prison because of what they
DID l ask you, are you going to do it?"
= Mr.. Moore paid his respects to Capt
Woods, to whom he referred as the private
prosecutor for the commonwealth. Then
he went into the conditions preceding and
what followed the shooting, saying the
conduct of the defendants in calling for
the sheriff and for their friends was highly
proper. Members of the jury We're assured
that they had been given a full picture of
what occurred in the room that night
You may say these men did wrong"
said counsel. but | trust TO God you will
not. An effort has been made to ridicule
a solemn defense-a defense which is based
upon the farts-but is no novelty in the
commonwealth Of Virginia, and the courts
invariably give the juries proper instruc-
tons. Emotional insanity is a different
Thing from an investigation that is made to
determine the question of sending danger
Gus man to mad house"
Impossible to Determine.
Counse! argued that it is impossible to de-
bcl luIllf NiidI sweeps over and affects the
intellect which, he said. is more Of the part
divine than OF any other part, if he might
be permitted 10 make the reference He
tod OF the Investigations that have been
made Eruu the CUES ton of mental de-
rauSemrut- saying scientists were paying
some attention To il.
but. lie said. the common wealth's at
tDrn"y from Fauquicr and his Sherlock
Holmes assistant tell you to disregard it
and throw IL to the dust"
The courts instructions upon the ques-
ton Of insanity were referred to, and coun-
SCI told Of the statement of the experts and
of the conclusions scientists had reached
and it is therefore necessary to consult
such persons when you want TO know about
insanity.
about the effect of lime upon the soil" he
stated you would go to a chemist but If
you wanted TO know anything about law
you would go to Capt. GODS, who strikes
me as knowing everything just little bet
ter than any OF us know anything"
The Two Experts.
The claim was made by Attorney Moore
that DIR. brewery, the expert for the COM
monwealth. corroborated what was said
by DIR. Clark with but one single exception
and argued that the state ask for a con-
viction upon the statement made by Dr.
brewery that he could not say the defend
ants were mentally deranged at the time
they did the shooting.
And he said. Il appeal to your con-
sc!entiousness. gentlemen from Shenandoah
county, to acquit these men upon the
testimony of DIR. Clark and DIR. brewery.
Counsel for the commonwealth say 1t is
strange that two men should be overcome
at the same time. They had the same
lineage. were of the same tribe, the same
l'ood coursed through their veins and they
had the same pulse and still they say IL Is
strange that the two men became broken
hearted at the same time.
Regarding Fermentation.
After repeating the story OF Hamlet and
telling of what eminent jurists had said
upon the question of stress, strain and men,
Continued on Eighth Page.)