Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-03-01
no. sir, I visited ROtherwoOd TO-DAY

y NHN OtOAaNt VIZ
ing attorney tried to bring out the fact
that the window in Viola Bywaters
room wss not open at the time OF the
shooting, but the witness said that 1t
bad been raised after the ceremony.
When Intercepted relative TO the dis
play of weapons by him at the time By
waters returned to The room after max
ing an unsuccessful effort TO escape by
the back stairway, the prisoner became
little confused and could not remem-
Der at first whether he displayed pls-
tol or not, but afterwards declared he
did not.
"Then nothing transpired after Bv-
waters came back to cause you to pull
your pistol and point it at him 2"
Nothing whatever"
Asked when bis suspicious we're iirst
aroused over the probability of Bywaters
atiem oting to escape, witness said that
they first suspected their brother-in-law
when be was called to the phone.
1--WE thought strongly that Bysaters
might tempt to leave the house and
we were determined to watch him. /
afterwards followed my brother Jim up
stairs and entered my sisters room,
wnere Bywaters, was aud took seat. y
"What had you determined TO do,
asked Mr. Keith, 'fi he had made any
attempt to leayt?"
1--WE had no idea that be was going to
make any effort to escape"
"Well, were you not told to come up
and watch him."
az was requested to see that he did
not leave VIOLA"
In reply TO a question from the prose
culing attorney, the witness described
BVwaters' exit from his sisters room,
and testified that he shot at him down
the back stairs.
81 saw him as he ran from the room,
but did not SEQ him when | shot"
The return Of Bywaters to tho room,
accompanied by Gaines, who for the
second time touched upon BY Mr.
Keith, who attempted to elicit from the
witness any subsequent quarrel between
Bywaters and his brothers, but tho pris-
oner said that there was no quarrel, nor
could no recall any remark that was
made prior 10 Bywaters jumping out OF
the window
600 you remember how Bywaters got
through the window"
81 cannot say; it was all done 80
quickly that hardly had time to see By
waters before he was out on the roof. "
"D'd you follow him"
al did, and fred at him."
Explain il you intended to kill By
waters"
4" ! can't say whether | did or not. -
"But you took the chance of killing
him by shooting at him"
"Yes.p
After Philip Strolher had concluded
his evidence DR.. Johnson Strother,
uncle of the prisoners, was called. The
most important point brought out from
the evidence ofthe witnesses was the
critical condition of Viola Bywaters jus;
Two days before her marriage.
He said that when he received mes-
sage from the Rotherwood home, fearing
for the life of the girl he went TO the
home OF the Strother boys, and upon
examining Viola Bywaters found her
10 the midst Of hemorrhage.
at is my belief" no said, 'that if
we hadn't arrived when we did the girl
wOul2 rave died in q half hour from loss
Of blood"
Witness also stated that he was pres
ent at the conference with the STROLLER
bows when it was decided that the mar
rial should take place
r leigh T. Green was the next wit
ness called, and ties ifed relative to the
measurements of the room at the STROLLER
home, which we're taken under his di
reciioh.
Culpeper, Va, March 1.-As soon as
court convened today The defense called
DR.. Charles Clark, an alienist from the
Government Hospital for the Insane, in
Washington, thus showing that it was
not intended TO rely altogether upon the
"nnwritten law"
Attorney Moore asked hypothetical
question. In it he recited the history OF
the Strotber family, the relations be-
tween Viola and Bywsters, the confes-
sion and the alleged attempted deser-
lion. Those being the facts Doctor"
said Mr.. Moore. chow would you char
acterize the act Of homicide ?"
eve object" shouted Mr.. Keith,
fThe question does not recite the facts
as testified by the defendants them
selves. They admitted that they had
been armed all day. That is not in the
question. They said they intended
killing him. That is not in the ques-
ton "
Mr.. Keith added that there had been
no effort to prove thai the Strother
brothers we're suffering from q mental
disease They had formed q deliberate
purpose in their minds and hearts.
They we're cool and collected, and they
we're armed. One of them said he would
do the same thing over again. "Does
that show this ACT was sudden emo
lion Or impulse" inquired the attorney.
1--WE say no, and this question must
state oil of the fac,s-Or il can't, under
the law, be answered.
Judge Harrison sent the Jury out OF
the court room while the admissibility
of the hypothetical question was argued.
Counsel for both sides squared of for
long and stubborn encounter.
Mr.. Keith then read from several
medical authorities who differentiated be-
tween sanity, insanity, imPuIsive, mo-
mantqFv and omofional insanitV