The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-06
Insanity Plea Not Sustained"


were not of sound mind at the time
they did the killing"
Insanity Plea Not Sustained"
The plea of insanity being set up by
the defense. upon them rested the bur-
den of proof to show beyond doubt
they were insane when they committed
the act. Regarding the plea of i'm
pulsive or emotional insanity Mr.
Keith declared that the condition Of
the mind prior to the act and irnme :
diately after the act, must be regarded
as evidence of the condition of the
minds of the defendants at the time the
act was committed.
Were they sane then, or were they
insane then? If insane then; II their
minds had gone down, the Common
wealth doesn't want to punish but the
Commonwealth does not regard the in
genious plea of the other side as estab-
lished.
They are ingenious lawyers he said,
indicating the other side. II do not say
it in any offensive sense; probably had
been on that side would have done
the same thing.
You have got to believe" said Mr..
Keith further on, that the minds Of
those men we're swept away, otherwise
the plea of insanity must fail.
Bringing this case to a nutshell, adj
hitting every cgim of the other side
regarding provocation, every incident
until that man lay dead on that roof,
you must find the defendants guilty of
granddaughter If you believe their reason
was not dethroned. If it was you must
arrive at verdict of acquittal"
After completing discussion of the in
structions Mr.. Keith said the eyes OF
the country are upon Virginia. Core
spondents are here sending out full ac-
counts of this trial. Are we to allow
these men to go unwhipped of Justice!
If guilty they should be punished. II
| not, the Commonwealth does not want
| them punished"
Not Trying to Desert.
| Reviewing the evidence in the case
! Mr. Keith argued that 1t did not show
| 13ywaters was trying to desert his wife
| If he had wanted to run away, why die
| he not do so before he ever went t
"Rotherwood' to be married? He ha'
many opportunities to escape before. Fl
could have fed after the marriage, whel
( he was standing in the hall talking owe
the telephone.
| Mrs. Bywaters was the one Twin,
| Witness" he said "who could have toll,
who opened that window through which
Bywaters was shot Why did not tn
defense ask her who raised t?''
Mr. Keith again called attention to tn
fact that only the defendants and thei
family testified as to what took place i
that room where Bywaters wEs killed
when these men went upstairs" h
said. fdid they find him trying to ru
away? No, they found him seated b
the bedside of his wife, his arms aroun
her, her arms about him, his chez
!, against her cheek"
> Mr.. Keith said he did not believe By
, waters ever intended to desert her. Fl
! believed Bywaters loved her. He simpl
wanted to come and tell his old motht
what he had done.
This was the picture which presente
o itself when Philip entered the roor
3 This was the picture James saw whe
& he came in, with the addition that Phil
y was seated near with tr/o pistols on h
IT person. The speaker recited in high
q graphic and dramatic manner every d
,, tail of the shooting.
% in the name of humanity why didI
It these boys lay their hands on Bywate
and stop him when Gaines pulled
: pushed him back into the room?"
= said "They tell you their reason o.
le dethroned, yet they had reason enoul
II to fire Mt him as he ran across the ROOF
~ reason enough to run downstairs to he
10 him off rs you have seen n dog he
he OF "A rabbit; enough to cease firing VIII
< lie fell"
re Shot in the Room"
" He declared that the blind of the wi