The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-02
other aldo BY Swing tho Jury good legal
ground to discharge tile defendants.
+
STROTHER CASE
\ HASLONG QUESTION
Defense Propounds to Alienist
One Somewhat Similar to
Delmas in Thaw Case.

Delmas in Thaw Case.
The crowd waiting TO enter TIL
courtroom was not so large MS yes
terdny. probably because entertainin,
testimony was not expected. The door
We're kept closed tintl officials an,
others entitled to admission had got
ton in.
Judge Phil STROLLER. of Giles county
uncle OF the defendants and his son
Judge james Strother, of tho Crimina
Court of Mcdowell county. w. Va.
arrived this morning. and entered the
courtroom in company With the de
PENDANTS.
8 DR., Charles Clark, Of st 1clizabeth's
Hospital for tie Insane, at Washing.
ton who said he had practiced four
81 teen wars, chiefly in cases of mental
disorder. was The first witness Mr.
Moore, examining the witness, pro-
pounded Hypothetical question en-
tracing every fact of Importance sur
rounding the case ut bar The ones
ton required several minutes to read,
md ended "Those being the facts, ho;'
would you characterize the act OF
homicide?"
eve object" exclaimed Mr., Keith
pronptly. He objected chiefly because
the question did not recite that the
defendants were armed and mad q y
along intended to do that "hich 'neS
did do
The Jury was withdrawn in order
70 allow tho question OF admitting the
interrogatory to be argued.
Mr.. Keith, after the jury had been
rithtlrawn, argued that rs the broth
i ers had a deliberate purpose TO 20 W
my extreme TO carry out their deter
,,,in.tion the question could not be
saIiyered correct in asserting that 7
s,d5an Irresistible impulse had caused
lie 5brothcrs to Kill Bywaters'' the
State had made out case sho"ins
/, fixed and deliberate purpose 70 o.
a maj which was done INSANITY must
~ ,,tstinruished from passion" quot
ing Wharton the criminal ,eNl-%li ,
r,ha bovs we're deliberate and cool when
No. vent upstairs that night. ana
Iar,es strother told Bvwaters he
shoi,id not so. They had made up
their minds 10 kill him .,t,o,,-
Mr.. Keith cited hummer ,.is % r ~u,,
Ties IN support OF MS arsuliiei't
ara;nst admitting the question
Mr.. Lee Replies.
Mr.. Lee said the argument eE MI. No. 49,,
would have been pertinent had 1t nee.l
a55ressed TO the jury; It was not so ~
basny addressed to the court. He vas
e,.iefed the evidence proper 60 be ettl-
bodied in a tvpothetpal nus stion hao pe'7i
developed The act - the brothers taken
as a whole. could be divided into Two sep
arate and distinct parts The ilrst was
that embracing everything WIieh OK
CURED prtor 10 the marriage When the
marriage was over, the undisputed ev'-
dance showed the brothers had taken BY
waters ,v the hand and assured him tina I
everything was settled and all right
The second part of the act begun With
the attempt OF deceased to rush from ne
room Mr.. Lee said the question OF m
{ ya,nf IN hp a.
ternined by the jury, which could reach
a conclusion through the help OF eXper-s
or otherwise.
A Jury could reach the conclusion
man wa insane without hearing any med
ical testimony. but simply Judging by
an act OF the accused The former doc
trine that men who knew right from
wrong were sane has been discarded.
Many insane persons knew right from
wrong. and could not resist the wrong.
Previous diseased mental conditions is
not necessary in order to plead insanity.
Many medical writer's show insanity may
arise through conditions in an instant.
a little child became insane instantly
when a moccasin snake sprang in it's
face.
Mr.. Jeffries made a more brief arsu-
ment for the admission of the question.
lie dweit upon the statement made by
Jim STROLLER that he was like a wild
beast. had no mind" That mental
condition was the direct result of cir
culnstances arising in an instant, without
warning We expect TO show" he said.
that the strongest mind God Almighty
ever made may be overthlown.'
Mr.. Moore confined himself chiefly to
combating the assertion OF Mr.. Keith
That in order to allow the Hypothetical
question, former mental disability must
have been shown He called the DeJar-
nette case, in which a young man went
into q disorderly house in Danvile, and
1indins his sister there drew his pistol
and shot her dead In that case the
Supreme Court sustained the plea of
4 notionai % <moral. Insanity, Judge Sta
Pies rent&s'rIk. the decision
All Proven Facts.
Captain Micajah Woods argued that
such question should set forth all tho
facts. He could show It had failed to
We. forth vital facts. Admitting. for the
BAKE OF argument, that the purpose of
,he defendants not to kill Bywaters if he
married their sister ended with the mar
mage. thefc We're insults passed In the
room below, and when Bywaters went
back to his wife's room the brothers do
tertNihed TO XIII him If no tried TO leave
Judge Harrison, interrupting !, cot
loquy between Captain Woods and Mr..
Ice, said the question could embrace
, sial WHICH 'he defense claimed to
have proved
Captain Woods argued with much
force that The question should show
that tie boys Went back into their
sisters room after the marriage deter
mined to KIN him If he tried to run
away from her, The question shoutl
also show that deceased fled down tho
steps. and though one brother firoi
at him Bywaters was not pursued.
i Should 1t not also be shown tlrat the
brothers, powerful mon, although
standing about the door, did not at
tempt TO restrain Rywaters when he
came hack IN the steps, but allowed
him to rush on to the window ana
shot him? He denied there WAS a case
IN this country or England IN whIcl,
emotional insanity had been allowed
as plea unless il had been sho~r,
the prisoner had previously suffered
from mental arrangement
Captain Woods declared that the do.
a ,lE al s,gt