The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-03
STROTHER BOYS
WERE insane
SAYS DR.. CLARKE
The Alienist OF Washing
ton Testifles Strongly
for Defense.
PROSECUTION
PUTS ON DREWRY
Superintendent of Central Hos
pital at Petersburg Says Act
Of Killing Bywaters Indi-
Gates Anger to Last
Degree'-Defense
Nearly Through.
ny WAITER EDWARD HARRIs.


cULPEPER. VA. March 2.--Heayys
trial Of the Strother brothers for kill
ing their brother-in law. William F.E
Bywaters. When court adjourned late
this afternoon the not results OF 5tha 4
day We're about even for each s1de.S
with slight advantage in favor OF thas
defense. n
The alienst introduced by counsels
defending the brothers testified with
much emphasis that they were suffer-
ing from impulsive insanity when they
slew the man they believed desertings
their sister. whom he had just mar
ried under such narrowing circnm-
stances
They We're of sound mind a few rnin-S
utes before the circumstances which,
caused the killing arose. and were sane
a few minutes afterward- Cross-ex-S
animation did dnot impair the value o.
this testimony for the defense. sF9s
Il DR.. Drewry. the expert sulnmoneda
by the prosecution. testified positivelys
that he did not believe in the doctrine
OF impulsive or emotional Insanity
hut on cross-examination he admitted
that cumstances might arise which
would cause an individual to lose hts
control SO completely that he would not.
be responsible for his action. The pros
secutlon will put on DR.. DeJarnette,s
OF tho Western State Hospital, as an
INSANITY expert Monday.
Defense Scores Point;
Evidence Ruled Out.
The defense scored In. having: ruled
lsout as inadmistible great deal u
evidence offered by the proseoutionS
| in rebutta1, tending to show that By-s
waters had acted in perfect good faith
in entering into the forced marriage
with Viola strother. but the Cons
they secured the consent of the court
to summon r. l. Gaines, brother-tn.5
law OF the Strother brothers. as an
adverse witness. Gaines witnessed alt'a1 ~
ira gedy. and is the man who IN soniaS
manner. got Bywaters. back up tue
stairs and into the room an lsta .snslans5 n'ss
kefore the yout.E man was snots5sto
death on the roof OF the porch. 8ssSs
His testimony, as given at the cnro.-S
ner's inquest, showed that he was hos-s hos
tile witness, for which reason the prosSs
ecutlon did not care to summon MIN. f1lA
coming to the witness stand IN response
to a subpoena obtained by the court S1VsSs
TO the prosecution the rlsne q a,..ons acfoss
examine, which they would not have had
the wItness- been produced as q wltneso5
for the Commonwealth Sc
The testimony which Gaines will g1yaa
is expected to throw light on how he got;
Bywaters hack into the room. after Pnilsps
Strother had fired one shot at him as ne
ran down the steps, and 1t Will also sneus
light upon the question as to VINO rad3els
the window through which Bywaters "
alleged to have made his escape
| This is II most important point, as
showing the intentions of Bywatars.s
The window Is said to have been DO Wns
when the, marriage ceremony was per-
n ,hn,, oil
and went out of the room and GOWN
| stairs. n short time after the cere-s
nnony in order to discuss affairs, ESy-s
waters was sent for to come upsta1ra
| by Viola, and a minute afterwards
Philip went up, He says the WinooWI
was raised when he entereo tug I.srlaLs
| bid Bvwaters raise 1t with view 10
escnpinr. and then return to the rben-as
7side. of his wife when he heard Pndilps
comineo He was seated by tho nea.l
| With Viola's arms around MN, WinehIS WnehS
Phil entered
Argument Likely to s
Begin Tuesday Morning
a. the coroner's investigation Mr.5
Gaines testified that tho window Wa
closed ut the time OF tho shootlns ous
| th,t the shutters were open. The evi-s
dance win bc continued Monday, and Is
| is expected that the argumone OF insssusr Nr
tons will be completed by the atatS Diotl.
day night as Judge Harrison Will hold
,irht session IL hi, sees that time ~
to be- gained thereby. Argument will ~
probably begin Tuesday morning. II WIN
not conclude before Wednesday atter-ss
noon, possibly THURSDAY, 4 decislons
Thursday IS the earliest possible hms
the court can hope to complete the trial.
The jury is taking the long. delay phh.g
osophicaly. The weather Improved As IN
great deal to-day, and it will be posstbla3
for tho jurymen, all OF them used to lead.
Ing active lives, to take walks, escorted
by the deputies. The confinement Is cans-
ing some OF them TO get restiye, Thss
Jury win attend services tomorrow morn
ins at the Baptist Church. Of which Dr.8
| Winfrey Is pastor. At night the 1nrnfs
viii hear Rev. DR.. Wells. of the Methodist
| Church .eH ~ gssf