The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-09
ARGUMENT CLOSED
Jurors Hear Nine Hours Of
Pleading.

Pleading.
STROLLER CASE GIVEN TO Jury
After nine hours OF argument 10y two
of the counsel for the defense and one Of
the Commonwealth the trial OF James A.
aud Philip j. Strother for the murder OF
their brother-in-law, VIM. +. Bywaters,
on the night OF December IL, was brought
to "A close Wednesday night at Culpeper
The case was not given to the jury
after Capt Woods had finished his ad-
dress. Judge Harrison asked il they
would rather have the case Immediately,
but they declared they would rather
wait until morning.
Court convened at $3.50 a. m. Nednes-
day. and but for the short recesses Tor
dinner and supper the attorneys were
appealing to the jury.
At the morning session Messrs. Il. Wal
ton Moore and John l.. Lee addressed
the jury.
Then Capt Woods made his appeal for
the Commonwealth.
During the proceedings Mrs. james
Strother sat next her husband and when
Messrs. Moore and Lee called attention
TO her children or herself or the tender
ness OF her husband in dealing with his
unfortunate sister, she wept.
MIR. MOORE'S ARGUMENT.
Mr.. Moore, of the defense. began his
argument by an arraignment OF BY
waters. That he should treat II cousin
as he did the woman he married Just
prior to the shooting, and knowing as he
did the brothers who were herguardans,
he declared, was a remarkable thing Tor
man To do. But when Bywaters took
Miss StrOther to Washington Tor the
operation, he said, he did what no other
man in Virginia had ever done before, ac-
cording to his knowledge, considering
he was her cousin and was looked upon
as her sweetheart MIR. Moore declared
the prosecution would contend that il
was improbable that Bywaters wanted
to desert his wife
First those gentlemen on the other
side were talking OF the gallOws TO you.
but now they are singing the tune OF
manslaughter, cried Mr. Moore. by
waters was a derelct on the ocean or
morality, ard are you really surprised
that he tried to escape when you know
of all else he did?
They have talked about where the
shooting took place You have the evil
dence before you. They say we didn't
ask Mrs. Bywaters about the window.
whether or not it was up. Why didn't
they ask? Again they asked why we
didn't put Mrs. Gaines on the stand 10
tell of the condition OF Philip that day
when one of their witnesses said he had
been drinking Why didn't they ask?
IF the Commonwealth desires to base
its case on such things challenge them
To call those witnesses back to the
stand
"You know you have the full picture
of what happened in that room, and it
is for YOU to say whether or not these
boys are guilty. trust yon will not
say they did wrong You also know our
defense and that an effort has been made
to ridicule it. The popular idea about
insanity, know, is that it is mere pre-
text or subterfuge, but that is not true
here. You cannot see what sort OF storms
sweep over ones intellect or when will
comes or goes.
HE WOULD HAVE SLAIN HIM.
at has been said by the other side that
it is strange that both OF these men
should become deraDged at the same
time. Why is it. Didn't they know the
same circumstances? Didn't they worry
over chem alike? Aren't they OF the
same elan and same blood?
so help me God, | would not have
spared that man, yet these high-spirlted
Virginia gentlemen did, with their teeth
on edge and with the idea OF hiding their
sisters shame TO save their honor be-
lieve James Strother would rather die
than dishonor the Strother name.
"Who could you help by a conviction?
Bywaters we leave to the mercy OF God.
Can it help Viola Bywaters to have men
point fingers of scorn at her? Can il hurt
nv clients any more? for things cannot
be as sweet to them as before. Why
should you put these men in the peniten.
tiary when there is no need for 1t and
you have proof OF their mental disorders?
"My clients do not wish to take the
suggestion OF manslaughter. Give them
all or nothing. Ii you cannot acquit
them let them sleep by the side OF their
father, an honored soldier, and their
mother, a good, pure woman
MIR. LEES APPEAL
Every drop Of blood within my veins
is in sympathy with these boys. said
Mr. Lee. the last OF the defense to ad
dress the jdry.' Mr.. Lee spoke OF the line
of defense. Mr. Lee said it was merely
a case where the reasons OF the men were
dethroned because of the conditions.
NEVER THOUGHT or MARRIAGE.
Take the sweet home OF these men,
Mr.. Lee continued. "before the father
died. There WAS an hOnOred father and
loving mother Likes thief in the night
this man crept into that home. When
Bywaters went there Viola was q child.
he was young man with an affable
manner, and he soon won the heart OF
this pure, innocent girl He was her
hero. She learned to worship him, but.
strange to say, no improper advances
were made by Bywaters until the father
died. While the widow wept and Violas
young heart was in that condition that
she would naturally respond to words
and acts Of kindness, Bywaters commit
ted vile deed.
"That man had acquired such o
hypnotic influence over that child, who
had learned to believe in him and trust
him, that he didn't have to promise mar
rage.
what did he say when he persuaded
her to yield to him? He told her he'd love
her more and be true to her. The angels