Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-08
AFTERMATH OF THE TRIAL
Condition Of Mrs. Viola Bywaters Re
ported to Be Improved.
STATEMENT MADE BY JURORS
Unwritten Law and the Sanctity of
the Home Considered in Franz
ing the Verdict.

Special From Star Correspondent.
CULPEPER. Va, March ga report re-
ceived here last night from Baltimore indi-
Gated that a message predicting trouble
here had been received in that city, but
there was nothing on the surface of affairs
to give the mayor or policemen any reason
to anticipate an outbreak. There had been
a crowd from the surrounding country in
court during the time the StrotherBy
waters case was on trial, and some in this
crowd had imbibed rather freely, but there
was no unusual commotion. Circuit Judge
Daniel A. Grmsley, a relative of the By
waters family, was probably the worst dis
appointed man in the community. He
showed more feeling than did B. F. By
waters. father of the deceased. Both men
were in attendance during every day of the
trial. the judge frequently consulting
counsel for the prosecution. When the YER
dict had been announced Judge Grimsley
was asked for an expression of his opinion
of the result. but all he had to say was
that it was all over.
A noticeable feature was that the father
of VIII Bywaters spoke to the defendants
and to members of the Strother family fire.
Quently as he would meet them after the
trial opened. One morning Mr.. Bywaters
and Mrs. Gaines. the latter a sister of the
defendants in the case, met the street.
Iney stopped SHOOK handS and soon DOth
were shedding tears.
Mrs. Bywaters' Condition Improves.
Shortly after the jury returned the YER
dict of acquittal yesterday afternoon Mrs.
Bywaters, who was at the home of her sis
ter, Mrs. Gaines. three miles distant, was
told of the acquittal, and she expressed her
appreciation of the action of the jury and
seemed brighter than she had appeared to
he of firr,n 81, fhn dat of hart rnYt
in Washington.
Il think she will improve much more rap
idly, now that the terrible strain has been
lifted" Mrs. Gaines said
She added that Mrs. Bywaters' condition
showed a change for the better after she
had emerged from the ordeal in court. 1t
was the anticipation of her appearance be-
fore the jury, Mrs. Gaines thought, that
had retarded her progress. The sick wom
an had hoped something would happen that
would render her attendance as a witness
unnecessary. 1t developed yesterday that
her testimony was an important factor in
bringing about the acquittal of her BROTH
ers, one of the jurors saying that whatever
he might have thought regarding the pun
ishment of the Strothers his opinion
changed when the young woman appeared
and told her sad story.
No definite arrangements have been made
regarding the future of the young woman.
Her close relatives realize that life in Cul-
pepper county will not be pleasant for her
and her brothers are going to make other
provision for her. In all probability she
will go to the home of her brother James
Strother when he returns to Welch. w.
Va. next week. Philip Strother will re-
main here and conduct affairs on the farm
at Rotherwood until other arrangements
are made 1t is considered probable that
Philip will go to West Virginia later and
that Mrs Gaines and Miss Bessie Strother.
her sister. will be the only members of the
immediate family of the acquitted brothers
left here.
Judge and Jurors Depart.
Judge Harrison. the jurors and counsel
ON both sides of the case left here on a
late train yesterday afternoon, the judge
going to Front Royal, Warren county, to
hold court and the others to their re-
spective homes The judge. the members of
the jury and the attorneys were will
ing to discuss the case freely. all ad-
hitting that ii was decided under the
terms of the ''unwritten law, and not
because the jurors or anybody else thought
the question of impulsive or emotional in
sanity brainstorms, or any other kind of
storms. had anything to do with the con-
cuson that was reached. The acqulttai
of the young men is looked upon as great
victory on the part Of former State Senator
John L. Jeffries Mr.. r. Walton Moore of
Fairfax and John M. Lee of Lynchburg,
counsel for the defendants. At the outset
of the case Mr.. Jenries made the opening
statement. being careful not to say any
thing about an intention to enter a plea of
insanity and it was not until the hearing
was nearing an end that the intention to
plead impusive or emotional insanity was
made known. Before going into the hear
ing the attorneys representing the state had
anticipated that plea of insanity would
be entered, and they were surprised when
nothing was said in the opening argument
about insanity or arrangement
When the announcement was hnaily maze
that DIR. Clark, the alienist witness, was TO
be called, the attorneys for the state real
nnfar
which would give them an opportunity to
get before the jury what they needed TO
give the twelve men an excuse for exonef-
ating the Strothers. 1t turned out now
needed 1t was not the laws upon the
statute books which guided the jury In
reaching a conclusion, but the 'unWr1tten
avn which prevailed. Members OF the jury
did not hesitate to say that.it was under
the provisions Of this mythical statute that
they had reached a conclusion
sanctity Of the Home.
at was merely a question Of preserving
the sanctitv Of the home remarked one
of the Jurors as soon as quiet had been
restored TT is well enough to talk about
the laws upon the statute books, but when
a mans family circle is invaded and he
takes the law in his own hands he ac-
composites what the law cannot accomplish
for him..
After court adjourned yesterday after
noon and the acquitted men were able to
get through the crowd they held reception
at the Virginia Hotel. Hundreds of callers
visited their apartments at the hotel and
extended their congratulations. During the
afternoon the telegraph operators were
kept busy receiving messages from friends
of the men in distant parts of the country.
many of them coming from the West Vir-
ginia friends Of James, French and Hunt
Strother.
Counsel on both sides expressed them
selves as believing that the trial had been
q fair and impartial one. and that the
court had followed the strict legal rules in
laying down the law and giving instruc-
tons Heretofore the De Jarnette case has
been widely quoted throughout the state in
the so-called "unwritten law category,
but. 1t Is believed. the Strother-Bywaters
trial will claim most of the attention in
the future. A feature OF the trial was that
no women were willing to face public senti-
ment and attend the hearing.
The action Of Judge Harrison in excluding
the curious spectators from the court room
during the time Mrs. Bywaters was upon
the stand was also favorably commented
upon. Judge Harrison showed the greatest
consideration for the women who were COM
PEELED to attend the trial and was anxious
at all times to protect them from the gaze
of spectators as much as possible. His
remarks made after the verdict had been
al, ale,