The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-03


ton as to how the acts Of the defer
dant should be characterized DIR. Drewry
answered:
Taking all the facts into consia.
Grafton. should say they would ind-
cate violent anger"
Anger to Last Degree.
Mr.. Keith stated 10 witness that there
was n family conference downstairs:
that Phil was sent ~ to watch By
waters: that Jim afterwards went UP,
and placing his hands firmly on BY
waters's shoulders. asked him what he
was going TO do, telling him they had
decided he would have TO stay. and that
defendants had testified they had made
up their minds 10 keep witness by force
II necessary. and had killed him as he
was trying to get away. what would the
action indicator Anger, almost TO the
last deSree." Mr.. Keith reciied the story
OF what occurred from the time tie
firing begun Until after the defendants
| had toephoned the fact OF tho shooting.
Cross-cxamincd by Mr.. Lee.
| Are you Il cousin of the Mr.. Drewr:'
!! who married a cousin of Daniel Grims.
/; ley?"
| II do not know that am
AZ whose instance did YOU como
| hcrr?'.
/ "On telegram from Mr.. Keith
| Witness replying to questions. said
| the sensibilities OF the negroes. upon
/ whom Dr. nrewry iutd practiccd almost
exclusively, We're mich less acute
than those of white men The be-
| trayal of the daughter of white man
would shock her far more greatly than
| would the betrayal OF a negro Glrl
i shock the negro father.
| Asked what he ncnnt when ne sara
, TIC facts recited by the Hypothetical
| question would probably anger ALMOST
4 ~, tor Ii reDllEu.
THE last degree would be that con-
/ dition in which man could not re-
/! strain his acts
Witness said he thought man cotiu
! control his actions under circumstances
| calculated 10 excite tho greatest anger.
"a man sitting in the stern of
vessel on . lark night, when his little
| child fell overheard. leaps to tho res
/ cue. Would that be the last degree."
asked Mr. Lee.
There was difficulty IN securing q
direct reply, and finally witr.' SIS said
4 he thought that would be 'prcltS close
to the LAST degree
Good for Defense.
The question was put in many forms.
| evidently designed to bring out an adj
/ mission that under certain circun-
| stances a man might be unable to con-
troll his acts. The witness was not
ncntirc!y satisfactory one for the
prosecution. In fact. from the view
/ point OF the defense. Dr. Drcwry made
statements about as satisfactory factor as
! were those made by DR.. ClarKe, al
! though the Virginia alienist did not
admit that the defendants were PROB
ably suffering.
l At o'clock the court took recess
Of an hour, and did not reconVen ,' ul'n,'
a;l5. The prosecution paw ,,r. ,,. lnru.
| Payne on the stand as the hrst "l,hesS
in rebuttal. Mr.. Payne said ne uroSe
into town in a two-horse' buggy on
the 18th of December He met BY
/ waters on the street in Culpeper ABOUT
s o'clock in the afternoon ~ E.,+,,
"yya object" said Mr.. Jeffrles: hht
/ after a whispered explanation between
counsel. witness was allowed 70 pio-
| coed. but had not gone iurtner tNu il
to begin a recital Of "hat nau .,,o puss ra1
! between them when there was re.
newed objection ~ the o.te''s'' "''
tho Jury was Withdrawn
r-antatn woods stated It was intends
ed to show that James Strother was
mistaken in saying that on the after
noon of the marriage. SWEATERS Whlie
phi. was waiting to take him out IN
| his buggy was seer by the latter
irving from his mothers house in Il
vehicle driven by "a colored boy. and
i that when seen. Eywaters then got
out and Joined young Strotllcr. Young
naters a lift" and that the latter OF
his own accord got out and Joined
nan whom witness aid not khow' 4as
4 ala not SNOW James Strotlier
Mr.. Jetfrics, in discussing, the limits
4 Of testimony IN rebuttal, SAID thas
i what Bywaters said and did prlor 10
4 ,ha 'mnrrinso could not be gone into
except in SO far ms tho same was
mart of the res gestae,
Intended to Marry,
Captain Moods said 1t would pc
shown i'm rebuttal that Bywaters NAG
,old number of people he intended
marrying Viola; that he and Viola took
n TRIP some time before the maffi .,,ss
i and told II friend on the ROAD thsy
would probably be married when he
saw them again. Counsel said It WAS
3I,aso proposed to show that Bywatcrs
had told his sister, Mrs, Triplett, or
Ills .Intended marriage, together with
CONTINUED on Third Pags'>