Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-02
TESTIMONY OF
TWO PHYSICIANS
Continued from First page.)

much more seriously affected than the col
ored man.
"what do you mean. doctor, by the last
degree"
restrain himself"
the difference between the last degree and
almost the degree of anger. the condition
you described In response to the hypotheti-
cal question:
There was no response and Mr. Moore
suggested that it might mean DEATH
At o'clock the court took a recess for
one hour.
Preparation Of Questions.
The entire time Of yesterdays session Of
the court was consumed in preparation of
hypothetical questions which would meet
with the approval of the court, and it was
not until after o'clock in the afternoon
that counsel succeeded. Counsel for the
defense brought the question before the
court by calling DR.. Charles H. Clark.
second assistant superintendent Of the Gov
ernment Hospital for the Insane, as an
expert witness, as stated in The Evening
Star yesterday. The calling of DR.. Clark
was not in the nature Of a surprise to
many of the persons who were familiar
with the case, however. as counsel for the
defense stated Wednesday that DR.. De
Jarnette, superintendent of the Western
State Hospital for the Insane at Staunton.
udu UScH summoned mere 10 give tSSINUOuy
as an alienist. The statement upon which
counsel intended to base their question
contained q recital of the testimony from
their viewpoint, and counsel for the state
entered objections to several statements
1t contained.
The members of the jury were out of the
room during the time the questions were
under discussion. 1t was thought by
statement would contain what both sides
would concede had been shown. but Com
monwealth's Attorney Keith and his as
sistant, Capt. Micajah Woods. entered OBJ
jections and concluded they would frame
statement to fit their side Of the case
After court adjourned counsel on opposing
sides prepared their statements in order
that there might be no more delay this
morning than was actually necessary.
Hypothesis Admitted.
Judge Harrison conferred with counsel
for the defense. and said he would allow
them to submit to the alienist witness a
question which had been prepared. setting
forth the circumstances Of the case from
the standpoint of the defense. The ques-
ton was subsequently reau to the jury.
Attorneys John L. Jeffries. r. Walton
Moore and John M. Lee, representing the
defendants. were greatly pleased over the
decision of Judge Harrison admitting the
testimony of the alienist, such testimony
being the means Of enabling them to get
before the jury the question Of emo
tional insanity. This, 1t Is thought, will
have the effect Of eliminating to certain
extent the "unwritten law" feature Of the
case but not wholly So It is believed by
some persons who have followed the case
closely that the commonwealth would not
ask for a verdict of murder in the first
degree. believing there were circum-
stances in the case which would mitigate
the offense.
The Strother case. it Is conceded. is moth
ing like that of ]. Samuel McCue. the FORM
er mayor of Charlottesville. who was con-
~victed Of having murdered his wife and who
paid the death penalty 1t is singular
coincidence. however. that Capt. Micajah
Woods was the prosecutor in that case and
that Mr.. John M. Lee, who is associate
counsel for the defense in the case on trial.
was one Of counsel for the defense in the
McCue case. The successful prosecution of
McCue was largely due to the efforts of
as public spirited citizen, declining large
fee.
Thaw Case Similar.
1t is admitted that the case on trial is
similar in many respects to the case of
Harry Thaw, and, it is thought, counsel on
both sides are displaying the same legal
efforts that are being displayed in the cele-
brated New York trial. Judge Harrison,
before whom the Strother brothers are being
tried. is conceded to be one of the leading
jurists Of the Old Dominion He is not
man of many words. but what he says Is
to the point. In this case. as in that of
Harry Thaw. 1t is conceded, there is deep
tinge of the 'unwritten law coupled with
plea Of emotional insanity, although in
the trial here there is no trace of insanity
in the family for several generations back.
There are several condolences noted also.
In the case here there has been the sick
juror and then the mother of one Juror was
reported to be in a dying condition. Her
death IL feared. would occur during
bereaved son being permitted to return to
his home. She is now much better, it is
reported, and no such contingency is eX
pected to arise.
The raising Of the insanity question to
show that the defendants had been driven
to such q condition that they were momen-s
tarily irresponsible. 1t is expected, will pro-