Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-01
AL|EN|ST PLACED
ON WITNESS STAND
Defense to AIIege Emotional In
sanity in StrOther Trial.
POINT CONTESTED BY STATE
Hypothetical Question Admitted After
Protracted Argument.
MITIGATION NOT JUSTIFICATION
MITIGATION NOT JUSTIFICATION
Courts Comment on "Unwritten Law
Mrs. Viola Bywaters, Sister of
Defendants, Seriously Ill.

Defendants, Seriously Ill.
Shortly after the circuit court OF
Culpeper county reconvened this
morning to resume the trial of James
A. Strother and Philip ]. Strotler
for the killing of William F. By
waters, their brother-in-law, the de-
Tense made known that they intend
ed to ask the jury to entertain a
claim of emotional insanity. A hypo-
thetical case was presented, and DR..
Charles Clark was asked to charac-
terize the homicide Objection was
made and argued, but the court sus-
tanned the position taken by the de-
Tense. and decided to admit the
question. 1t is stated by friend
OF the two families that Bywaters,
the man who was killed, had other
matrimonial aspirations, and that is
given dS OllC lCdSOIl iOl Ills lCluSdi
to marry his cousin, Viola Strother.
Special From a Staff Correspondent.
CULPEPER. Va. March /. 1907.
y recess was taken with the understand
ing that the question should be answered
after reconvening. Several times during the
course of the argument reference was made
to the 'unwritten law Judge Harrison
also had something to say upon the "un-
written law proposition
Some reference has been made to the
'unwritten law, " the judge said, and
want to say that, far as any court in
the state of Virginia is concerned. no such
law is known or is ever entertained, if by
'unwritten law is meant that a person can
take in his own hands the righting of
wrongs.
Such questions" he added "can only
be admitted in mitigation, and not in JUS
tiication.
'An controversies involving questions of
insanity" said the judge in passing upon
the question ARE questions of fact and
therefore they for the jury to determine
have heard the question argued elaborate
1y, and il is too broad a question, l think,
TO be determined by a court. The court
certainly can lay down iron-clad rule as
to insanity in any given case"
The judge then quoted tie famous De
Jarnette case as the best Virginia prece-
dent. In this trial defendant was charged
with the murder of his sister, whom ne
found in an immoral house.
Believed to Favor Defense.
The decision of the court upon the admis-
sion of the expert testimony is looked upon
as being Of great assistance to the defense
and II is believed by many persons, will
warrant the jury in returning a verdict for
the defendants
Although Mrs. Bywaters was able to ap-
pear on the witness stand in behalf of her
brothers. il was stated this afternoon that
she Is still in serious condition. nurse
has to be with her most Of the time and
she is so weak that it is almost impossible
for her to stand. Her experience in court
this week seems to have affected her nerv-
Gus condition to some extent, and her at
tending physician, il is stated, is not fully
convinced that she will entirely recover.
New Phase of the Case.
Pywatcrs' reason for not wanting to marry
Viola STROLLER, il is said was because of
his desire to marry young woman who
was possessed of considerable wealth. He
had not much money and he was fond of
high living and sports, il is declared, and
1T was not always pleasant for him to asso-
Ciate with those who had money and could
afford To spend ii.
That is why he always anxious to
put of the wedding" said an acquaintance
II both families today. 'Bywaters had
several well-to-do ladies in view. and /
Know he could certainly have had one of
them for his wife. All that was necessary
was foI him To get rid of the young woman
he had ruined. and he was willing TO cast
her aside hut. as is the case with so many
Uf his class he was deferred and his plans
Ihwarted.'
Alienist on the Stand.
"Can DIR. Clark said Attorney Moore
as soon as Judge Harrison had the sheriff
open court.
Dr. Charles Clark second assistant super
mtendent at St. Elizabeth Hospital for the
Insane, in Washington, responded and was
sworn as a witness. The alienist told the
court he received his education in a college
at Columbus, Ohio. graduating fourteen
years ago. He told Of the hospital work
and tho practice In which he had engaged,
and said he accepted a position at st. Eliza
beth Hospital seven years ago. Before
going there he had been connected with a
hospital for the treatment of epileptics.
Attorney Moore then read q carefully pre-
pared statement reclting what he conceived
were the facts covering the details of the
entire case, telling OF the time when the pa
rents OF Viola died and of the mothers re-
quest upon her dying bed that James
Strother should look after the child. The
statement also recited the visits of the
cousin, VIII Bywaters. to the happy home
of the strother family. told OF the ruin of
the girl and OF the operation In Washing
ton Coming down to the shooting, counsel
told of what occurred at the house and OF
the subsequent conduct of the defendants
Those being the facts" said counsel to
the aiicnist witness. ''how would you char
acterize that act of homicide?'
i object 10 tho question:" said Common